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(영문) 서울서부지방법원 2016.07.14 2016고합79
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 19, 2015, at the defendant's house located in Eunpyeong-gu Seoul and 301 around 15:30 on October 19, 2015, the defendant drinked the defendant's house under the name of guiding the victim D (Woo, 14 years old) in order to forcibly commit an indecent act, and used the victim's face one time with his own hand, and let the victim sit on the trust, and then the victim's buckbucks and bucks with his hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

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 selection of the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The effect of preventing recidivism by only registering the personal information of the accused and ordering him/her to attend sexual assault treatment programs, considering the age, motive, seriousness of the crime, etc. of the accused, etc., of Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders, can be achieved;

Since the defendant's personal information should not be disclosed or notified, there is a special reason to not disclose or notify the defendant's personal information.

2) Grounds for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Type 2 descriptive criteria for the application of the sentencing guidelines [type 7] general standards: The juvenile indecent act is included in Type 2, but the juvenile indecent act is not subject to the punishment [the scope of the punishment subject to a special mitigation] [the scope of the punishment subject] for one year or two years (the recommendation for the mitigation area, the recommendation for the type 2 mitigation area shall be reduced by one year or more from June to 3 years, and the upper and lower limit shall be reduced by 2/3 each by 2/3).

3. In this case, the defendant is a child or juvenile;

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