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(영문) 의정부지방법원 고양지원 2015.10.30 2015고합117

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing on the grounds of sentencing, in full view of the following: (a) 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 (in this case, there is no record of sexual assault against the defendant; and (b) the registration of personal information and the completion of the sexual assault treatment program are deemed to have an effect to prevent recidivism of the defendant; and (c) there is a special circumstance in which the personal information of the defendant should not be disclosed

1. The scope of recommended sentences according to the sentencing criteria (the determination of types) and general standards for sex crimes;

(b) Reduction element of the crime of indecent act by force (a person aged 13 or older) type 2 (a person who is a special person by force and by force, such as indecent act/special indecent act by force by force, etc. based on relatives relations): Where the exercise of tangible force is considerably weak (a decision on the recommended field) imprisonment with labor for one year to two years (a decision on the recommended field shall be included in the second category, and the upper and lower limit of the sentenced area of punishment shall be reduced to 2/3);

2. Determination of sentence: Imprisonment with prison labor for one year, the defendant is not guilty of committing the indecent act by compulsion of this case by taking advantage of a situation where there are two conditions in the victim who takes part in a part-time at the place and the office at the place of the head of a household store, but the victim wishes to punish the defendant with severe punishment.

However, the defendant has no criminal record of sexual assault, and the age, character and conduct, environment, motive, means and consequence of the crime are the circumstances after the crime is committed.