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(영문) 대구지방법원 2018.02.21 2017고합554
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

Around 08:00 on November 27, 2017, the claimant for an order to observe the protection (hereinafter referred to as the "defendant") followed the victim E, a child or juvenile, who was going to go to attend the school, (a) who was the victim and juvenile of the victim (a person, (b), and 13 years of age) who was the victim after the victim's own back to the victim, her her am and bbbbbbbbbbbbbs.

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. Statement made by the police for E;

1. Application of CD images and photographs 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 selection of the relevant criminal facts;

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

1. Where a conviction against a defendant who has registered personal information under Article 49(1) main text and Article 50(1) main text of the Act on the Protection of Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons 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. Scope of the recommended punishment according to the sentencing criteria (a type determination) - Sexual Crime group;

1. General standards:

(b) Class 2 of the crime of forced indecent conduct (subject to more than 13 years) - No one [the person subject to special sentencing] - [the scope of the recommended territory and the scope of the recommended punishment] - The basic area, the basic area, the imprisonment from August to April 3 (the maximum and minimum range of the sentence shall be reduced to 2/3 as it is a indecent conduct committed by a juvenile)

3. The crime of this case by which the defendant was sentenced shall be committed on the street.

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