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(영문) 의정부지방법원 2016.06.01 2015고합421
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

In light of the fact that the Defendant did not agree with the victim, it is necessary to punish the Defendant with severe punishment in light of the fact that the victim had suffered sexual humiliation and mental impulses due to the commission of the crime, and that the Defendant did not agree with the victim.

However, considering favorable circumstances, such as the fact that the defendant fully recognizes each crime, the first offender who has no record of criminal punishment, and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, environment, sexual conduct, etc., and the scope of recommendations according to the sentencing guidelines of the Supreme Court (two years to five years).

1. A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi-indecent act by force): A sex crime group, general standard. A crime of indecent act by force (subject to at least 13 years of age), two types (voluntary indecent act/special indecent act, such as forced indecent act by blood and intrusion into residence), basic area, two years (revision according to the lowest limit of the applicable sentences under the law), or three years and four months (a juvenile indecent act by force shall be included in the type 2, but the upper limit and lower limit shall be reduced to 2/3);

2. The crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi-indecent act committed by force): the sexual crime group, general standard. The crime of indecent act by force (subject to at least 13 years of age), two types (voluntary indecent act/special indecent act, such as forced indecent act by blood and intrusion into residence), the basic area, two years of imprisonment (revision according to the lowest limit of the applicable sentences in law), or three years (the amendment according to the minimum limit of the applicable sentences in law), or three years (the scope of the recommended punishment in accordance with the guidelines for processing multiple crimes shall be included in the type 2, but the maximum and lowest limit shall be reduced to 2/3): The scope of the recommended punishment in accordance with the guidelines for processing multiple crimes; the standards for suspended sentence for two to five years and suspended sentence

If a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall submit personal information to the competent agency pursuant to Article 43 of the same

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