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(영문) 수원지방법원 성남지원 2017.04.27 2016고합286
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 2, 2016, around 19:15, the Defendant committed an indecent act against the victim by coercioning the victim E (at the age of 18, 18) in front of the victim E (at the age of 18), a juvenile who walked on the road, by inserting the hand inside the left buckbbbbbbbbs, and by using it as follows.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 Juveniles against Sexual Abuse (the Defendant has no record of committing any crime punishable by any sexual crime, and the Defendant is anticipated to have the effect of preventing re-offending even with the registration of the Defendant’s personal information and the lecture to treat sexual assault. Thus, there are special circumstances that may not disclose or notify the Defendant’s personal information.

The reason for sentencing

1. The scope of applicable sentences by law: one year to 15 years; and

2. The mitigated area (one year to two years) of the mitigated area (a person subject to special mitigation) (a person subject to special mitigation) of the sentencing criteria shall not be punished;

3. In the case of the instant crime for which the sentence of sentence was determined, the crime of this case, which was committed by the Defendant, was committed by using the inside of the buckbucks after blocking the front of the victim who was juvenile on the way by the Defendant, and the nature of the crime is not exceptionally applied

However, the victim does not want to be punished by the defendant, the defendant has no same record and is punished by a fine.

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