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(영문) 인천지방법원 부천지원 2016.09.30 2016고합175
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of three years for a two-year period of imprisonment with labor due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a deceptive act, etc.) at the Incheon District Court’s Branch Branch on November 28, 2014, and the said judgment became final and conclusive on February 24, 2015.

【Criminal facts” at around April 26, 2016, around 17:45, the Defendant committed an indecent act by force against a child or juvenile victim E (one-six years of age) who had macked with macks of macks of macks of macks of the victim E (one’s name, one’s age, and one’s age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (to hear statements by shots);

1. Previous convictions in judgment: The results of inquiry, report of investigation (Attachment to the same type of judgment), application of Acts and subordinate statutes of Part III of the judgment;

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

1. Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Term of punishment by law: Imprisonment with prison labor for one year to 15 years;

2. Recommendation type of sentencing guidelines: Imprisonment with prison labor for one year to two years [the types of decisions] for compulsory indecent conduct (the target of at least 13 years). Two types of crimes (the area of recommendation, the height of the right] mitigation (the degree of prosecution is weak). One year to two years (the upper limit and the lower limit of the scope of punishment shall be mitigated to 2/3, respectively, as it is a indecent conduct by a juvenile).

3. Determination of sentence: One year of imprisonment;

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