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(영문) 광주지방법원 2016.09.02 2016고합176
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

At around 19:30 on April 23, 2016, the Defendant discovered the victim F (the name, the life, the life, the birth, the age of 16) who was drinking in front of the E apartment located in the Gwangju Mine-gu, Gwangju, and found the victim F (the age of 16) on his own hand, turned the victim's left chest into his clothes.

In addition, the defendant continued to move the left chest of the victim G (name, fel, Jan. 1, 200, 15 years old) that he followed the above victim's back on his own hand.

Accordingly, the defendant committed indecent acts against the victims of children and juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against G with heavy circumstances);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The sentencing is based on the following factors: (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 [the defendant has no previous record; (b) the motive and method of committing the instant crime; (c) the character, conduct and environment, etc. of the defendant; and (d) the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order and notification order; (c) the prevention effect of sexual crimes subject to registration that may be achieved therefrom; and (d) the protection effect

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