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(영문) 광주지방법원 2018.04.06 2018고합60

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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

On September 2, 2017, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was made, around 17:50 on September 2, 2017, the victim was able to sit in the door of the bus near Seo-gu, Seo-gu, Gwangju, and the bus window of the defendant's side seated in the seat of the victim F (a name, fix, 14 years old) who was seated in the seat of the defendant, and the victim's her her her her her her her her her her her her her her herb

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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;

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

1. A special circumstance in which the accused may not disclose or notify personal information to the public, in full view of the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused is placed due to the accused’s order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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Reasons for sentencing

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

2. Application of the sentencing guidelines [types] The crime of coercionful indecent acts by force (subject to more than 13 years of age) under the general criteria for sex offenses is two types (voluntary indecent acts, such as forced indecent acts by blood and intrusion into residence, etc.) [Special Sentencing Persons] mitigated elements: In a case where the degree of prosecution is weak, it is not punishable [the scope of recommended punishment] in the special mitigation area [the scope of recommended punishment] from 6 months to 2 years (the compulsory indecent acts against juveniles are included in the type 2, but the scope of sentence is within the scope of sentence.