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(영문) 대구지방법원 김천지원 2018.04.03 2017고합118
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On August 19, 2017, around 22:35, the Defendant committed an indecent act by force against the victim, who was a juvenile, who was seated next to that of the Defendant, on the part of the Defendant, at the time when the train of the Busan Madok T was adjacent to E in Pyeongtaek-si. Around August 19, 2017, the Defendant committed an indecent act by force against the victim, who was a juvenile, on three occasions with the mind that the juvenile was seated next to that of the Defendant.

Summary of Evidence

1. Entry of the accused in the first trial record;

1. Statement made by the police with regard to F;

1. Application of the investigation report (the initial investigation, the confirmation of the contents of the victim's Messenger, the hearing of the victim's statement, the hearing of the police officer's statement), the copy of the mobile tickets, the victim's photograph

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 selection of the relevant criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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

1. In full view of the Defendant’s age, family environment, social ties, criminal records (no record of sexual assault) and risk of recidivism as indicated in the record, the relationship between the Defendant and the victim, and other various circumstances, such as the benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

It is reasonable to see the reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The range of recommended punishment on the sentencing guidelines [the types of decisions] shall be general standards for sex offenses (subject to at least 13 years of indecent acts by force) and the two types of punishment (special mitigation elements).

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