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(영문) 대구지방법원 2017.12.15 2017고합430
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Defendant

On August 11, 2017, at around 16:27, the claimant for the observation order for protection (hereinafter referred to as the "defendant") was suffering from the victim D(17) who was pointed out by the victim D(17) from a defect in the personnel affairs of the defendant, and continued to carry the victim's sexual organ with the victim, and the victim's sexual organ with the "E" and "F," which are neighboring buildings, was cut off from the victim's inner organ and prompted by the victim's sexual organ.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. CCTV extract photographs;

1. The application of Acts and subordinate statutes of the written request for appraisal and written appraisal;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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. Where a conviction against a defendant who has registered personal information under Article 49(1) main text and Article 50(1) main text of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended punishment according to the sentencing criteria (a type determination) - Sexual Crime group;

1. General standards:

B. The crime of forced indecent act by force (13 or more persons who are subject to special sentencing) No. 2 - The mitigated elements: [the scope of punishment [the scope of punishment and decisions in the recommended sphere] - the mitigated area, one year to two years (the indecent act by force by juveniles).

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