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(영문) 수원지방법원 안산지원 2016.10.28 2016고합146
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[Criminal Power] On June 22, 2016, the Defendant was sentenced to a suspended sentence of two years on the 30th of the same month to imprisonment with prison labor for the crime of indecent act by force at the Ansan District Court’s Ansan Branch, etc., and the said judgment became final and conclusive.

【Criminal Facts】

On December 14, 2015, the Defendant: (a) around 12:30 on December 14, 2015, in front of the D High School in Ansan-si, the victim E (hereinafter “E”), was blocked in front of the D High School in Ansan-si, Ansan-si, and (b) had a mind to commit an indecent act against the victim, and followed the victim and followed the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Each photograph;

1. Previous convictions: Application of the Acts and subordinate statutes concerning criminal records, written judgments and case agreement assistance;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Taking account of the fact that the Defendant is against his/her wrong act, and the degree of indecent act in this case’s indecent act, etc., it cannot be readily concluded that the Defendant is in danger of recommitting a sexual crime. Furthermore, considering the fact that the order to attend a lecture for the purpose of improving the character and conduct is imposed concurrently, it is deemed that there are special circumstances that may not disclose or notify the Defendant’s personal information, and thus, an order to disclose or notify the registered information is not imposed.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Crimes of indecent act by compulsion, etc. against which a judgment on sentence has already become final and conclusive, and the Criminal Act;

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