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(영문) 광주지방법원 목포지원 2017.02.09 2016고합121
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 July 20, 2016, around 17:00, the Defendant discovered the victim E (at the age of 13) in front of the “D meat stores” located in Franpo City C, and divided the victim’s chest into two arms after the victim himself/herself, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of stenographic records Acts and subordinate statutes to E;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. In full view of the Defendant’s age, occupation, family environment, social ties, previous convictions (no record of punishment for sexual crimes), the risk of recidivism, and other various circumstances, such as the benefits and effects expected by the disclosure or notification order of this case, disadvantage and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, in light of the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, previous convictions (no record

[Determination]

Where a conviction becomes final and conclusive on the facts constituting a crime on which a new statement of information is registered, 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. Therefore, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on

Reasons for sentencing

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

2. Application of the sentencing criteria (determination of type) general standards for sex crimes;

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