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(영문) 광주지방법원 해남지원 2013.11.07 2013고합30
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

However, the execution of the above punishment for three years from the date of the final judgment of this case.

Reasons

Punishment of the crime

On August 7, 2013, at around 21:12, the Defendant committed an indecent act by force against the victim E (the age of 13) by taking away the left chest of the victim E (the age of 13), who is a juvenile, from the rest room of the second floor of the D Hospital D Hospital in Jindo-gun C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the video CD-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse (the defendant has no record of the same sex crime, the defendant's mistake and reflects his/her mistake, and considering all other circumstances, it is difficult to deem the defendant to have a risk of recidivism of a sexual crime, and it is difficult to view that there is a special circumstance that the disclosure and notification of personal information should not be disclosed or notified), where a conviction of the criminal facts on the judgment on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, the defendant is obligated to submit personal information to the head of the

Reasons for sentencing

1. The range of recommendations on the sentencing criteria [type] types of punishment, general standards, and crimes of indecent act by compulsion (persons aged 13 or older) (the scope of recommendations] shall be punished by imprisonment for not less than six months but not more than two years;

2. The crime of this case, which was determined to be sentenced, was committed by the Defendant by force by force by force by force by force of the victim, who is a juvenile by force, and the nature of the crime is not less severe, but the victim is punished against the Defendant, but the Defendant is against his mistake, and the case is contingent.

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