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(영문) 의정부지방법원 고양지원 2015.06.26 2015고합54
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 sentencing, in full view of various circumstances, including: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in this case, the first offender is the defendant; and (c) the registration of personal information and participation in the sexual assault treatment course alone appears to have an effect to prevent recidivism by the defendant; and (d) there are special circumstances that may not disclose or notify the personal information of the defendant; and

1. The scope of recommended sentences according to the sentencing guidelines (the determination of types) shall be sex offenses;

(b) Punishment of indecent act by compulsion (for a person aged 13 or older) type 2 (In the event that the exercise of tangible force is considerably weak, the degree of indecent act by compulsion, such as indecent act/special indecent act by compulsion, etc. by blood in the relation of relatives): Punishment of six months or two years (for a juvenile indecent act by compulsion, the scope of punishment shall be included in Type 2; for a juvenile indecent act by compulsion, the upper limit and lower limit of the scope of punishment shall be reduced to 2/3, and for a person with special mitigation, the lower limit shall be reduced to 1/2)

2. Determination of sentence: The crime of this case for a year of suspended execution of one year is not likely to be a crime that the defendant committed an indecent act against the victim of 17 years of age who was accommodated in the room located in the riding track for practical training, but the defendant is the first offender and is against his mistake, and the degree of indecent act is relatively weak.

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