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(영문) 청주지방법원 충주지원 2016.12.15 2016고합65
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

At around 12:00 on October 16, 2016, the Defendant told the victim E (the 16-year-old) (the 16-year-old) who was at the D convenience store located in Chungcheongnam-si, Chungcheongnam-si, to play together, and made the victim's chests more than twice by his own hand, and led the juvenile victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 relevant criminal facts;

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) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 of the Criminal Act;

1. Reasons for sentencing [In full view of the Defendant’s age, occupation, environment, social ties, previous convictions, the circumstances after the crime of this case, the effectiveness of sexual assault crime prevention expected to be disclosed and notified of the Defendant’s personal information, the disadvantages of the Defendant and anticipated side effects, etc., which are recognized as recorded] under 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 [where special circumstances exist that may not disclose and notify the Defendant’s personal information]

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Where the exercise of the tangible force (ad hoc factors) provided for in the second category (ad hoc factors) (ad hoc factors) (ad hoc factors) is considerably weak for a period of one year from one year to two years (ad hoc factors, juvenile indecent act, so the upper limit and lower limit of the range of sentence shall be mitigated to 2/3) (ad hoc factors, the scope of punishment is mitigated to mitigation areas, juvenile indecent act, and so the upper and lower limit of the scope of punishment shall be mitigated to 2/3);

3. Determination of sentence: Two years of a stay of execution in one and half years of imprisonment; and

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