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(영문) 의정부지방법원 2017.01.11 2016고합437

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

A. In light of the aforementioned favorable circumstances, the Defendant’s failure to exercise a separate form of force, such as assault, in the course of committing the instant indecent act by force, etc., the Defendant’s motive, means and result of each of the instant offenses, the circumstances after each of the instant offenses, Defendant’s age, environment, and sexual intercourse, etc. shall be considered as favorable circumstances, and all of the sentencing conditions indicated in the records of the instant case, such as the motive, means, and result of each of the instant offenses, the Defendant’s age, environment, and sexual intercourse, shall be comprehensively taken into account; however, the scope of recommending the sentencing guidelines of the Supreme Court (a.e., imprisonment for not less than one year and eight months) in consideration of the aforementioned favorable

1. A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse: A sex crime group, general standard. A crime of coercion (subject to at least 13 years of age), two types (voluntary indecent act, such as forced indecent act by blood or intrusion into residence), the basic area, one year and eight months to three years (the indecent act by juvenile shall be included in the Type 2, but shall be mitigated to 2/3);

2. The violation of each electronic financial transaction law is not subject to the sentencing guidelines.

* Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for at least two years [the lower limit of the standard for sentencing shall apply to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse whose sentencing criteria are set and the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom no sentencing guidelines are set. As such, the lower limit of the standard for sentencing shall be set below the lower limit of the standard for sentencing in the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) for which the sentencing criteria are set.]

When a conviction becomes final and conclusive on a crime of violating the Act on the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse as stated in the decision to file for the registration and submission of personal information, the accused is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency