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(영문) 부산지방법원 2015.10.16 2015고합270

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

On March 24, 2015, at around 06:54, the Defendant: (a) committed indecent act by force against the victim, such as the victim’s her amb, her amb, and her amb, her amb, her amb, her amb, and her amb, her amb, her amb, and the victim her amb, her amb, and her amb, her amb, her amb, and then her amb, her amb. only once her amb.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation and investigation reports;

1. 112 Application of Acts and subordinate statutes of the Report Processing Table;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The grounds for sentencing in full view of all the circumstances such as the favorable circumstances that the defendant has no record of a sex offense, etc. and the circumstances leading to the instant crime, etc., where it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the circumstances that are favorable to the reasons for sentencing under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (such as where the defendant has no record of a sex offense, etc.) and the benefits and preventive effects expected by an order to disclose or notify the defendant, and

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

2. The range of recommendations [determination of a type] sexual crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), and the type 2 (indecent act, such as indecent act by force or personal intrusion by relatives).