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(영문) 광주지방법원 2016.11.04 2016고합320
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On July 19, 2016, the Defendant: (a) around 17:30 on July 19, 2016, the Defendant: (b) around 17:30, the Defendant: (c) reported that the victim E (the 16-year-old age) was married; (d) was married; and (e) was fuckbucks and bucks of the victim by drinking the victim’s hand in the part of the victim; (b) stored the victim’s hand in

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (field photographs and videos);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) 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 (in full view of the extent and expected side effects of a defendant's disadvantage due to an order to disclose or notify information, the effects of preventing sexual crimes subject to registration that may be achieved therefrom, and the effects of protecting the victims of sexual crimes subject to registration, including the fact that there is no history of sexual crimes against the defendant) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria [Determination of a type] The general standard for sexual crime committed by indecent act (subject to the age of 13 or more) and the element of mitigation (special indecent act by indecent act, such as indecent act by force, living intrusion, etc. by relatives relation] (special multiple-classs): the exercise of tangible force;

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