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(영문) 대구지방법원 2017.02.10 2016고합472
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

A. In full view of all the circumstances, such as the fact that the defendant's personal information could have been disclosed or notified, there are special circumstances in which the disclosure or notification of the defendant's personal information may

[Determination]

Where a conviction becomes final and conclusive against a defendant who has registered personal information, 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 the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Two years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Aggravationd elements for the crime mitigation of employees, such as persons without reporting or employees in protective facilities, etc. (special sentencing factors): The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines [the scope of punishment [the scope of punishment and recommendation], one year and eight months to three years and four months according to the punishment guidelines]. The minimum and maximum of punishment are reduced to 2/3, respectively, because they constitute forced sexual conduct by juveniles.

3. The Defendant, as a bestnet instructor, committed an indecent act by force in a private teaching institute practice room against a victim who had been placed in approximately three years ago.

In that the defendant commits an indecent act against the aged victim by taking advantage of the superior status of the birth of the victim and the personal trust relationship of the victimized person as the object of the wrong sexual desire, there is a high possibility of social criticism.

The victim who is merely 15 years of age seems to have suffered a considerable sense of sexual humiliation and mental impulse due to the instant crime, and it is clear that it would have a negative impact on the formation of a sound character and sexual identity of the victim in the future.

In consideration of these circumstances, the criminal liability of the defendant is not against the law.

However, there are ① the defendant's attitude of recognizing his mistake and understanding his depth, ② the defendant is a man of 40 major years.

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