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(영문) 대구고등법원 2017.08.10 2017노80
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

A. The lower judgment is reversed, and the lower judgment is further determined as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount ( considered favorable circumstances among the grounds for reversal as above);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered for repeated consideration of favorable circumstances among the grounds for reversal);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of the recommended punishment [type determination] set forth in the sentencing guidelines shall be subject to the general criteria for sex crimes (subject to 13 years or more) and the two types (indecent acts or indecent acts by force, such as forced indecent acts by blood and intrusion into residence) [the person subject to special sentencing] [the scope of the recommended punishment] punished not to be punished [the scope of the punishment] from one year to two years (the scope of mitigated punishment)] * The upper and lower limit of the scope of punishment shall be mitigated to 2/3.

3. Prior to the decision of sentencing, the sentencing criteria shall be set within the scope of the recommended sentencing range that is set in consideration of the various sentencing conditions set in the reasons for reversal.

Where a conviction becomes final and conclusive against a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse in the judgment that is a sex offense subject to registration and submission of personal information, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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