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(영문) 대전지방법원 2017.05.26 2017고합100
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2017, the Defendant: (a) had the mind to force a female, among women who are in the way of around 01:00, who had the way for mind, had the mind of committing an indecent act at will; (b) discovered the victim D (the age of 17) who was mixed with the 507-dong and 511-dong, Daejeon Seo-gu, Daejeon; (c) prevented the victim from provokinging the sound of the victim by using his hand after the victim’s back; and (d) knating the part of the victim with another hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. Application of the Act and subordinate statutes on video CDs, including the face of crime;

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) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the Defendant’s age, previous offense, risk of recidivism, home environment, and other benefits and preventive effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Judgment] Grounds for sentencing

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the range of the recommended punishment] shall be [the general criteria] the two types of indecent conduct (the indecent conduct committed by juveniles more than 13 years) [the person subject to special sentencing] [the scope of the recommended punishment] reduction area [the scope of the recommended punishment] reduction area, 1 year and six months to three years.

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