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(영문) 대구지방법원 김천지원 2017.10.17 2016고합158
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On August 22, 2016, the Defendant provided the victim E (the 14-year-old age) with counseling about the fact that the parents' divorce is difficult on August 22, 2016, the Defendant committed an indecent act against the victim, who is a child or juvenile, by forcing the victim to commit an indecent act by taking the victim's sexual desire into the floor located in the restaurant, having the victim sit on his own left side, going up with the victim's buckbucks in his/her hand, leaving the victim's back with his/her left part, leaving the victim's buckbucks, leaving the victim with his/her shoulder, leaving the victim with his/her shoulder on his/her left part, and trying to buck the victim's ship with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to report internal death;

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 (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. The community service order under Article 62-2 of the Criminal Act;

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

1. In full view of the Defendant’s age, family environment, social ties, criminal records (no record of any sexual crime), and risk of recidivism as indicated in the record, as well as the benefits and effects expected by the instant disclosure order or notification order, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

It is reasonable to see as follows.

Reasons for sentencing

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

2. The scope of punishment recommended on the sentencing criteria [the types of sex offenses] shall be general standards;

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