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(영문) 대구지방법원 2016.05.27 2015고합558
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

A. Basic Crimes - Crimes of Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Intrusion on Residence) [Determinations] - Crimes of Forced Indecent Act (Indecent Act/Special Indecent Act, such as Forced Indecent Act/Indecent Act by Relatives / Indecent Act, etc. by Relatives / Indecent Act by Relatives / Indecent Act by Relatives ] Aggravations : The elements of continuous and repeated mitigation of crimes subject to multiple victims: The basic area of punishment is not subject to punishment (the scope of decisions and recommendations in the sphere of recommendations), two years and six months to five years.

B. Group 1 Crimes - Crimes of Violation of the Act on the Protection of Children and Juveniles against K for the Protection of Juveniles against Sexual Abuse [Type ] Crimes of Forceful Indecent Acts (Indecent Acts (Indecent Acts (Indecent Acts (Indecent Acts) against K for the general criteria) - Type 2 (Indecent Acts/Special Indecent Acts (Indecent Acts/Special Indecent Acts, such as Forced Indecent Acts/Intrusion Acts by Relatives) / Indecent Acts (Indecent Acts by Relatives) : The factors of continuous and repeated mitigation of crimes subject to multiple victims: The basic area of punishment not to be punished [the scope of recommended areas of decisions and recommendations]; the basic area of punishment: Imprisonment with labor for a year and eight months to three years and four months from the date of recommendation / three months from the date of compulsory Indecent Acts by juveniles

C. It is not subject to the sentencing guidelines since it is a crime committed against L in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Indecent Acts) and thus, at least two years and six months (each of the above crimes whose sentencing guidelines were set and the attempted indecent act committed without setting the sentencing guidelines, for which the sentencing guidelines have not been set) after applying the standards for handling multiple crimes;

Since each public performance and obscenity crime is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the lower limit shall be based on the lower limit of the sentencing criteria set in the sentencing guidelines.

3. While the Defendant returned to the place around the house at night, the Defendant openly imprisoned the young children, juveniles, and young women, and committed an indecent act against the victims in the process.

The defendant continued to and repeatedly against the victims of many and unspecified (nine in total) on the basis of the difference between the defendant and the defendant.

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