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(영문) 전주지방법원 군산지원 2016.10.13 2016고합97
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

Punishment of the crime

At around 19:40 on March 9, 2016, the Defendant: (a) discovered the victim D (tentative name, leisure, 17 years of age) and kid by following the victim; (b) met the victim’s buckbucks after the victim, and (c) laid down the victim’s fucks with the fucks, and (d) collected both fucks into the fucks, the panty part of the victim’s panty part was 5 seconds by inserting them into the fuck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (field search and investigation, search of the direction of escape of the suspect, etc., specifying the suspect, and attaching photographs to a CCTV in the vicinity of the place of occurrence);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)1 and the main sentence of Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. The basic area of recommendation [the range of punishment according to the sentencing guidelines]: sex crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), the second type of indecent act by compulsion (subject to the age of 13 or more), and no person [the scope of recommendation]: Imprisonment with prison labor for a year and eight months from August to April.

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