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(영문) 수원지방법원 2017.07.20 2017고합254
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 9, 2017, the Defendant reported that the victim E (the family name, the female age, 14 years old) who is a child or juvenile go at the front of the D Gameland, which is located in the wife population C, around 21:00, the Defendant committed an indecent act against the victim by his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A written statement concerning F and G;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions and the choice of punishment for the crime: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. An order to attend a course: The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Disclosure order and exemption from notification order: In full view of the criminal records, family relations, occupation, type of and motive for the instant crime, process of the instant crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved therefrom, the protection effect of the victim, etc., there are special circumstances under which disclosure or notification of the Defendant’s personal information shall not be disclosed or notified;

The reason 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. Application of the sentencing guidelines [the scope of the recommended punishment] General Criteria for the crime of indecent acts by force (subject to not less than 13 years of age) and the appearance criteria for the mitigation area (one year to two years) of the mitigation area (the indecent acts by force, such as forced indecent acts by blood or intrusion into residence, etc.) : Where the degree of indecent acts by force by juveniles (including deceptive acts and indecent acts by force by force by juveniles) is weak;

3. The instant crime that was sentenced to sentence was first committed by the Defendant during night hours.

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