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(영문) 수원지방법원 안산지원 2016.05.13 2015고합358
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

Punishment of the crime

On September 19, 2015, around 10:10, the Defendant discovered the victim E (17 taxes) at the water surface room in Suping City C, 1st underground and 2015, and accessed the victim so that he would commit an indecent act against the victim, and then put the victim’s fingers into the victim’s fingers and her fingers and her fingers over twice.

Accordingly, the Defendant committed an indecent act against a juvenile who was in a state of impossibility of resisting by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 risk of recidivism of a sexual crime by a criminal defendant, considering the following: the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse: The defendant, who has been exempted from an order to disclose or notify registered information, has no record of punishment heavier than a fine, and the defendant has no record of punishment for a sexual crime since 2007.

In addition to the fact that an order to improve the character and conduct is imposed concurrently, there is a special reason that the personal information of the defendant shall not be disclosed or notified.

Since it is determined, it is not subject to an order to disclose and notify registered information.

Reasons for sentencing

1. Scope of applicable sentences under law: Two years to thirty years; or

2. The range of recommended punishment according to the sentencing guidelines [type determination] The crime of forced indecent acts (subject to at least 13 years of age) shall be two types (voluntary indecent acts, such as forced indecent acts by blood and intrusion into residence) (the person subject to special sentencing].

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