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(영문) 광주지방법원 목포지원 2014.11.27 2014고합135

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 01:40 on March 23, 2014, the Defendant druping the 2nd floor of the soup 2nd floor of the soup Doespo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (17 years of age), Mapo-si was rhumd to the victim’s inner part, and mathdd

Accordingly, the Defendant committed indecent act against the victim, who is a child or juvenile in a state of mental or physical disability or failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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

1. Where a criminal facts in the judgment on the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of

Reasons for sentencing

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

2. Application of the sentencing criteria [Determination of a type] general standards for sex crimes and the crimes of indecent act by force (subject to the age of 13 or more): Imprisonment with prison labor] 1 year and 2 years (the scope of a sentence of recommendation is mitigated and juvenile quasi-act by force, as it is mitigation and juvenile quasi-act by force, the upper and lower limit may be mitigated to 2/3) - Special mitigations: no penalty surcharge;

3. Determination of sentence: A victim who is a juvenile at the time when one year of imprisonment with prison labor is to form sexual identity and values for the crime of this case with two years of suspended sentence;