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(영문) 의정부지방법원 고양지원 2016.01.15 2015고합270

성폭력범죄의처벌등에관한특례법위반(특수강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written estimate attached to a police investigation report;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Forced indecent act: Article 4(2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act

(b) Points of damaging property: Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of two crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (in such cases, personal information in such cases and participation in sexual assault treatment lectures can prevent the recidivism of the accused to a certain extent only;

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The reason for sentencing is that the defendant does not issue an disclosure order or notification order).

1. Scope of the recommended punishment according to the sentencing criteria;

(a) Crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) [types] Sexual Crimes; (b) Type 2 (Indecent Act on Special Forced Acts) (Indecent Act on Forced Indecent Act (subject to at least 13 years of age) [Special Sentencing] Reduction element: Reduction element of punishment not [the scope of recommendation] Reduction element of punishment [the scope of recommendation] Reduction element of punishment [the scope of recommendation] Reduction range of imprisonment

B. The crime of destroying property (a type of decision) is a crime of damaging property. The general standard is one type (property damage, etc.).