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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3471
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

around 21:00 on February 15, 2019, the Defendant, at the Goyang-gu Masan-gu Btel, Goyang-gu Btel, Goyang-gu, U.S., the chest, Dol, 12 years of age) of the victim C (Gain, Dol, Dol, Dol and Dol was her part by hand.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the victim of stenographic records shall be recorded;

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

1. 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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure or notification order of the accused's disadvantage and anticipated side effects of the accused's entrance, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively considered;

1. Where a conviction becomes final and conclusive on the facts constituting a crime on which the judgment on the registration of personal information is made, as prescribed in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 and the main sentence of Article 59-3(1) of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018), 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

Reasons for sentencing

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

D. There is no legal fiction of indecent act by compulsion [the first type] of a sex offense subject to the age of less than 13 [the scope of recommending field and recommendation range].

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