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(영문) 전주지방법원 남원지원 2018.10.25 2018고합23

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 22, 2018, the Defendant: (a) around 20:25, at the Namwon-si apartment security guards, worked as security guards; (b) asked the victim D (at the age of 17) who found his house in front of the above security guards about the contents of the program; (c) asked the victim D (at the age of 17) about the contents of the program; and (d) made a conversation with the victim, he was able to see the victim’s view with his own hand, and was faced with the victim’s shoulder.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of the Acts and subordinate statutes to photographs by cutting down each CCTV course;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 2, 2006) of the Act on the Punishment of Small

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [types] The crime of coercionful indecent acts by force (subject to at least 13 years of age) in accordance with the general standards for sex offenses [the crime of forced indecent acts, such as forced indecent acts by blood and intrusion into residence] [the special sentencing sentencing person] mitigated elements: The mitigated scope of punishment [the scope of recommended punishment] mitigated range of punishment [the scope of recommendation] mitigated range of punishment [the punishment shall be reduced to 2/3 and the upper limit of punishment to 2/3].

3. The crime of this case by which the defendant committed an indecent act by force against the victim who was not 17 years of age is very poor.

The degree of criminal conduct committed by the defendant is not easy.

These circumstances are disadvantageous to the defendant.

However, the defendant recognizes all of the crimes of this case and reflects them.