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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.
The above fine shall be imposed on the defendant.
Reasons
A. In full view of the following circumstances: (a) the victim F does not want the Defendant’s punishment; (b) the victim F appears to have the effect of preventing recidivism to a certain extent; (c) the Defendant’s age, occupation; (d) family relationship, social ties; and other benefits and effects expected by the instant disclosure disclosure notification order; and (e) disadvantages and side effects therefrom; and (e) the victim F’s personal information disclosure and notification should not be given to the Defendant.
[Judgment] Grounds for sentencing
1. Imprisonment with prison labor for a period between 2 and 50 years, and a fine not exceeding 300,000 won;
2. Scope of the recommended sentences according to the sentencing criteria;
A. The crime of violating the Act on the Protection of Juveniles from Sexual Abuse (a quasi-indecent Act on the Protection of Juveniles from Sexual Abuse) listed in paragraph (2) of the holding: The basic crime / [the type] the crime of forced indecent acts against sexual traffic crimes (the crime of forced indecent acts/special forced indecent acts, such as forced indecent acts by blood or intrusion into residence) / The described criteria / The indecent act against juveniles shall be included in the type 2, but the maximum and minimum of the sentence range shall be mitigated to 2/3) / Where the exercise of tangible power is considerably weak (the scope of recommending punishment), the mitigated area, one year to 2 years;
B. The crime of violating the Act on the Protection of Juveniles from Sexual Abuse (Indecent Acts by Enforcement Decree) as stated in paragraph (1) of the holding [types] In the case where the exercise of tangible force is considerably weak, it shall be included in the type 2 in the indecent act by force against juveniles (in addition, the maximum and minimum range of punishment shall be reduced to 2/3) (the person who is subject to special sentencing] in the scope of punishment [the scope of recommended punishment] the area of special mitigation, six months to two years.
C. In the case of injury in the judgment [the type of injury], the injury (aggravating factors) weighted by Type 1 (general injury) [the person subject to special sentencing] [the scope of recommending punishment] increased area, six months to two years of imprisonment.
(d) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years (the crime for which the sentencing guidelines are set);