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(영문) 대구지방법원 서부지원 2017.11.09 2017고합103

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

On April 23, 2017, the Defendant discovered the victim E (name, franite, 14 years of age) in a D Park located in Daegu-gu, Daegu-gu, Daegu-gu, and found the victim E (name, franchising, 14 years of age) and forced the victim to commit an indecent act, and took the victim’s hand. On April 23, 2017, the Defendant took the victim’s son’s son with franchis, and frand the victim’s son’s son’s son.

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. A written statement;

1. Application of statutes governing stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Reduction of a small amount (The following favorable grounds for sentencing) under Articles 53 and 55(1)3 of the Criminal Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable sentencing grounds shall be considered):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. A special circumstance in which a defendant may not disclose or notify personal information, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, including the fact that he/she has no history of sexual assault, the degree of disadvantage and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved due to such order, and the effect of protecting the victim from the sexual crime subject to registration, etc.

The reason for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of the recommended punishment [type determination] on the sentencing guidelines where the degree of the conduct of compulsory indecent act (a person with special sentencing factors] is weak in the second type (a person with special sentencing factors] (a person with special sentencing factors): Imprisonment with prison labor for a period from one year to two years.