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(영문) 전주지방법원 남원지원 2021.03.25 2020고합46

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

(b) can do so;

In light of the Defendant’s age, environment, method and consequence of the crime, disclosure and notification order, the degree and expected side effects of the disadvantage of the Defendant resulting from the disclosure and notification order, the prevention effect of the sexual crime that can be achieved therefrom, and the protection effect of the victim, there are other special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 15 years;

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

(b) An indecent act committed by force (type 13 or more) [type 2] of the crime of indecent act by force / (special sentencing factors) such as forced indecent act/special coercion by blood / by force, such as forced indecent act/residential intrusion, etc. by blood / [the scope of punishment recommended] imprisonment with labor / from one year to two years (the scope of mitigation area) * descriptive criteria: Juvenile indecent act by force (including indecent act by deception or force) is included in two types, but the upper and lower limit of the scope of sentence shall be reduced to 2/3.

3. In this case, the sentence of sentence is determined by the Defendant, who received meals at a restaurant, committed an indecent act against the victim, who was a juvenile who was a part-time student of the restaurant, by committing an indecent act at the public facility. In view of the sexual humiliation of the victim who was sexually indecent act at the public facility, the sentence is not somewhat against the victim.

However, the fact that the defendant made a statement to the effect that all facts are visible and contradictory to the defendant in this court, there is no criminal record of the defendant, and that the victim and his/her legal representative wanted to take the defendant's preference into account the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, and circumstances after the crime, etc., shall be determined as ordered by taking into account all the factors of sentencing in the trial of this case, including the defendant's age, sexual conduct, and circumstances after the crime.