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(영문) 광주지방법원 순천지원 2019.08.08 2019고합72
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

On January 3, 2019, around 13:30, the Defendant reported that the victim D (Gam, Gam, 13 years old) of Muak-si was passed by the Defendant, and had the victim her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

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

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 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused has entered due to the accused's order of disclosure or notification, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration, it is deemed that there are special circumstances in which the accused may not disclose or notify personal information on the accused);

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the 13 years of age or older) is [the 2-type of indecent act by blood, etc.], indecent act by compulsion by blood, etc., and special indecent act by compulsion by blood, etc. [the scope of the recommended field and recommendation].

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