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(영문) 광주지방법원 2016.12.02 2016고합395
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On July 22, 2016, at around 18:50, the Defendant found the victim E (15 years old) that passed on the Defendant’s side in the front of the “Dcafeteria” located in Gwangju Northern-gu, Gwangju, and committed an indecent act against the victim under the influence of alcohol and lacking the ability to discern things or make decisions; and then, the Defendant committed an indecent act against the victim, who is a child or juvenile, by driving the victim’s left chest with the left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of each police protocol of statement to E and G;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental disorders;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing on the grounds of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the degree and expected side effects of the defendant's disadvantage due to the disclosure order and notification order, the prevention effect of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims of sexual crimes subject to registration, including the fact that the defendant has no record of being punished for a sexual crime, it is deemed that there are special circumstances in which the defendant should not disclose or notify personal information to the public)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [Determination of type] The general standard for sexual crime committed by indecent act by force (subject to the age of 13 or more) (Indecent act by force, such as indecent act by force or by force, etc. by force, by blood relation), mitigated elements (special-faccined person] mitigated elements: The described criteria of mental health disorder shall be the deceptive act by force or by force of juvenile indecent act by force.

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