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(영문) 의정부지방법원 고양지원 2016.09.30 2016고합131

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

On April 30, 2016, the Defendant committed an indecent act by compulsion against the victim E (the 14th and the 14th and the 14th) and the victim’s early appearance F at a D restaurant where the Defendant, located in Ilsan-dong, U.S., Sinsan-gu, Sinsan-si, in order to drink, while drinking alcohol, and drinking alcohol on the side of the Defendant’s body.

Accordingly, the Defendant, by hand, her chests, bucks, and legss, her chests, her bucks, and her bucks and her knicks, and her knicks the Defendant her knicks from the damaged restaurant by her knicks and her knicks with her hand.

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. The application of Acts and subordinate statutes to stenographic records and recording notes concerning the statement of E;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no criminal record subject to punishment for a sex offense) of a child exempted from an order of disclosure or notification may have an effect to prevent the defendant from repeating a crime to a certain extent only by registering personal information and taking lectures in treating sexual assault in this case;

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The reason for sentencing

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

B. The second type of indecent act (subject to not less than 13 years of age) is an indecent act by force, such as forced indecent act by blood or intrusion into a house.