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(영문) 의정부지방법원 2016.01.20 2015고합289
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

A. There are no criminal records of the same kind of crime, but most of them have been punished several times, except for those subject to the suspended sentence in 2004, and there are no records of punishment exceeding the fine; the course and method of each crime; the degree of pursuit and use of force; the circumstances after each crime; and the scope of punishment recommended according to the sentencing guidelines of the Supreme Court (1 year and August - 5 years): Crimes of sex crimes, general standards; Crimes of Indecent Acts (13 years or more), Type 2 (subject to compulsory indecent acts by juveniles); Defendants - August 1 year and 3 years - April 2 (the maximum and minimum limits of punishment shall be included in Type 2, but the period of punishment shall be reduced to 2/3); Crimes under Articles 2 and 3 (E) of the Criminal Act (the period of compulsory indecent acts by juveniles shall be reduced to 2/1 year), and the maximum and minimum limits of punishment shall be determined in consideration of the exercise of force by the majority(the period of compulsory indecent acts by juveniles).

If a judgment of conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information to the competent agency

The Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, circumstance and process of the instant crime, benefits and preventive effects expected by the disclosure or notification order of this case, and disadvantages therefrom, including the fact that the Defendant had no criminal record for the same kind of crime, and the degree of exercise of prosecution and tangible power is not much compared to other similar cases.

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