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(영문) 대전지방법원 홍성지원 2017.12.14 2017고합81
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 19, 2017, around 19:00, the Defendant committed an indecent act by force on the part of the victim D (name, fel, 13 years of age) whose ships are frighted, by inserting his hand in his clothes and inserting his breast and drinking part in his clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the crime of this case is not committed against many and unspecified persons).

It is expected that the effects of preventing recidivism can be expected to some extent by the registration of personal information and sexual assault treatment programs.

I seem to appear.

In addition, in full view of the motive and background of the instant crime, the Defendant’s age, social relationship, the profit prevention effect expected by the instant disclosure order and the instant notification order, and adverse effects resulting therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

I think)

Reasons for sentencing

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

2. Application of the sentencing guidelines [types] The two types of indecent acts (involuntary indecent acts, such as forced indecent acts by relatives and intrusion into residence) (involuntary indecent acts/special coercions by relatives) are not applicable to the person subject to the special sentencing who has no special sentencing guidelines (the person subject to the special sentencing), and the "unlimited amount of punishment", which is the mitigated element, was divided into the defendant's criminal acts in a serious mind, made a substantial compensation for damages by making efforts to reach an agreement, and the victim was the victim.

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