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(영문) 대구지방법원 2016.04.22 2015고합527
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(b) Main sentence of paragraph (2);

1. Where a conviction against a defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, 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 thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. From one year to 22 years and six months of imprisonment with prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime - The crime of coercionful indecent act against each child and youth's violation of the Act on the Protection of Juveniles against Sexual Abuse [types] shall be mitigated to 2/3 of the crime of forced indecent act (for 13 or more persons subject to punishment) (voluntary indecent act/special forced indecent act, such as forced indecent act by blood / intrusion into residence) [Special Sentencing Persons] mitigated elements: Where the degree of conduct is weak [the scope of decision on the recommended area and recommended punishment] mitigated area; imprisonment with prison labor for one year to 2 years / The minimum sentence and sentenced amount for the crime of forced indecent act against juveniles as they fall under forced indecent act against juvenile.

(b) 1 concurrent crimes - Each of the assault crimes - None of the types 1 (General Assaults) [the scope of decision and recommendation in the recommended sphere] [the scope of decision and recommendation in the recommended sphere] of the basic sphere, 2 months to 10 months of imprisonment.

(c) One year to two years and five months from the scope of punishment recommended after applying the standards for handling multiple crimes (in addition to the upper limit of the range of punishment for the basic crime (two years of imprisonment), 1/2 (five months of imprisonment) of the upper limit of the range of punishment for the primary crime);

3. The Defendant: (a) committed an indecent act by force against the victims of the juvenile, who was playing on his/her alleyway in his/her house, in the manner that he/she returned to his/her her her her her her mare, and talks with him/her.

As a result, even though the age victims seem to have suffered a considerable sexual humiliation and mental impulse, the defendant does not receive the statements from the victims until now, and does not leave the victims.

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