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(영문) 광주지방법원 2014.04.17 2014고합65

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than two years 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 February 22, 2014, the Defendant, at around 13:00, committed an indecent act by force, by reporting the victim E (the age of 17) (the age of 17) who was a juvenile who was a juvenile who was in a mobile phone call from the Madern-gu, Gwangju, and by reporting the left shoulder and the chest, etc., under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse alleged that the Defendant was under medical treatment due to alcohol addiction at the time of the instant crime, and had weak ability to discern things or make decisions under the influence of alcohol. However, in light of the background, method, content, Defendant’s behavior and attitude before and after the instant crime, etc., it is not deemed that the Defendant had weak ability to discern things or make decisions at the time of committing the crime, and thus, the above assertion by the Defendant and his defense counsel

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. The application of the sentencing guidelines (determination of type), sex crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13) and relatives.