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(영문) 수원지방법원 성남지원 2015.09.03 2015고합116
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 shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2015, at around 19:20, the Defendant committed an indecent act against the victim E (V, 16 years of age) who was a juvenile after completing a private teaching institute course in front of the Dusski in the first floor in Seongbuk-gu, Seongbuk-si, Sungnam-si, by inserting both descendants into the victim's diving, and putting them into the victim's lock, and using them into the victim's locking part.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing are acknowledged in full view of all the circumstances, such as the defendant's occupation, family environment, social relationship, expected profits and preventive effects from disclosure or notification order, and disadvantages and side effects that the defendant suffers from disclosure or notification of his/her personal information, such as the defendant's career, family environment, social relationship, disclosure order or notification order, and disadvantages and side effects that the defendant suffers from disclosure or notification of his/her personal information.

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

2. In the case of the indecent act by blood relatives (type 2) and indecent act by indecent act by indecent act by blood, etc., the scope of the recommended punishment according to the sentencing guidelines (type 13 or more years of age) shall be determined by the general standards for sex crimes.

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