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(영문) 광주지방법원 순천지원 2017.08.24 2015고합76 (1)
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2015, at around 23:30 on drinking water, the Defendant drinking alcohol with E and the victim F (n, 14 years of age) from 203 to E and E and the victim F (n, 14 years of age). On February 19, 2015, E called “one defect”, while E is called “one defect”, the Defendant committed indecent act against the victim’s chest by drinking four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning 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 (Article 62 (1) of the Criminal Act on the following grounds 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. 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 (the fact that there is no history of sex offense against the defendant, the crime of this case is not committed against the unspecified or many unspecified persons, the degree of indecent act or use of force by the defendant is not much serious, and the sexual impulse of the defendant revealed through the crime of this case is improved by the execution of main and incidental dispositions imposed on the defendant;

In full view of other circumstances such as the interests expected by the disclosure order or notification order and the effects of prevention, the degree of disadvantage to the defendant's suffering, anticipated side effects, etc., the reason for sentencing is that the defendant's personal information should not be disclosed or notified.

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year to two years (the determination of the type). In other words, the indecent act by force (the target of 13 years or more) shall be two types (the indecent act by force of juveniles).

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