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(영문) 광주지방법원 2018.01.19 2017고합542

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 04:00 on July 20, 2017 to 06:00, the Defendant, as well as E, victim F (F, 14 years old, f, f, f, f, and G (F, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of each statute of examination of evidence;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes against victims G with heavy circumstances as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of any sexual record, and the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims of sexual crimes subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information.