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(영문) 광주지방법원 2015.12.09 2015고합392
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On August 13, 2015, at the defendant's house of 08:00 Gwangju Mine-gu, 107 Dong 2401, and at the defendant's house of 107 Dong 2401, the victim D (the victim D, 17 years old) went back to the room where the victim was diving, and the victim was locked, used the victim's her spoty and panty, and then put the defendant's finger into the female's sexual flag, thereby putting the defendant's finger into the female's sexual flag, taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The application of Acts and subordinate statutes that include statements made by an assistant judicial police officer to the statements prepared by the victim;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of punishment for the same crime and has committed the crime of this case once or more contingent, and it is difficult to readily conclude that the defendant has a risk of re-offending, and taking into account the possibility and need

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. Type 2 (Rape/Special Rape, etc. in Connection with Relatives) (Rape/Special Rape, etc. in Connection with Relatives) applies to the sentencing guidelines [Determination of the type] general criteria: Imprisonment with prison labor for 5 to 8 years (Basic Area).

3. Where a defendant who has been sentenced to sentence is 17 years of age or older, such crimes as inserting fingers in his/her sexual flag, etc. by taking advantage of those parts, are not good for such crimes;

On the other hand, the defendant was punished for the same crime.

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