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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단959
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

(2) The Defendant, on March 13, 2019, committed an indecent act against those under the age of 13 years, including: (a) the hand hand hand hand hand hand hand hand hand of the victim C (a person, a woman, and a person aged 11) who became aware of through SNS before the game site in the Goyang-si, Young-si; (b) the Defendant committed an indecent act on the part of those under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of CCTV Acts and subordinate statutes to the site;

1. Relevant Articles 305 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) Measures for mitigation of a sex offense against a person under the age of 13 [Type 1]’s legal fiction indecent act by compulsion (specially stimulative person): The area of mitigation of punishment and punishment [the area of recommendation and the scope of recommendation], one month to ten months of imprisonment;

3. The defendant who made a decision on sentencing recognizes and reflects the crimes.

The defendant is the first offender.

The injured party does not want the punishment of the defendant.

In addition, the punishment shall be determined within the scope of the sentencing criteria by taking into account various circumstances, such as the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, relationship with the victim, etc., and the conditions for the sentencing as shown in the oral proceedings.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of

The Defendant’s age, occupation, risk of recidivism, and the instant case, exempted from disclosure or notification orders.

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