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(영문) 의정부지방법원 2016.04.06 2015고합413
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

A. All kinds of sentencing conditions indicated in the records of the instant case, such as the motive, means and result of each of the instant crimes, the Defendant’s age, environment, and sexual conduct (2016 high-class 27 investigation records of the instant case) and the scope of punishment recommended by the Supreme Court sentencing guidelines (2 years or more), including the following: (a) the full recognition of and against the Defendant; (b) the degree of injury suffered by the victim of the instant special injury; (c) the Defendant did not exercise a separate form of force, such as assault, etc. in the course of committing the instant indecent act; (d) the Defendant was not planned to commit each of the instant crimes; and (e) the Defendant was a primary offender who has no record of criminal punishment; and (e) the motive, means and result

1. Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse: Sexual crime group, general criteria. Compulsory indecent conduct (subject to at least 13 years of age), two types (voluntary indecent conduct, such as forced indecent conduct by blood or intrusion into residence), the basic area, two years of imprisonment (amended by the lower limit of the punishment), or three years and four months (for compulsory indecent conduct by juvenile, it shall be included in the Type 2, but mitigated to 2/3);

2. Special injury offenses are not subject to the sentencing guidelines.

* The scope of a recommended punishment based on the standards for handling multiple crimes: a person who has been sentenced to imprisonment for at least two years and six months [the lower limit is based on the sentencing criteria for the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (voluntary indecent act) whose sentencing criteria have been set and the special injury crimes against which no sentencing guidelines have been set. As such, the lower limit is based on the sentencing criteria for the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (voluntary indecent act) on which the sentencing guidelines have been set and the suspended sentence is set as a whole. It is so decided

When a judgment of conviction is confirmed on the facts constituting a crime specified in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant shall be a person subject to registration of personal information under the main sentence of Article 42 (1) of the same Act, and shall submit personal information to the competent agency pursuant to Article 43 of the same Act

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