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(영문) 의정부지방법원 2016.09.07 2016고합84
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

A. The Defendant’s employee, who committed an indecent act on the part of the Defendant, by standing in knenee and drinking the chest, is considerably poor in the nature of the crime, taking into account the status of the victim who was unable to resist easily against the Defendant’s act, the attitude of indecent act, the relationship between the victim and the Defendant, etc. Nevertheless, the Defendant’s refusal to commit the crime and not against himself, and the Defendant’s sexual humiliation and mental impulse may not be limited due to the instant case’s emotional distress, and the Defendant’s failure to agree with the victim.

However, it appears that the defendant did not make any separate assault or intimidation in the course of the indecent act, considering favorable circumstances, such as the motive, means, and result of the crime of this case, the circumstances after the crime, the defendant's age, environment, personality and conduct, and all of the sentencing conditions stated in the records of this case, including the motive, means, and result of the crime of this case, the circumstances after the crime, the defendant's age, and personality and conduct, and considering the favorable circumstances mentioned above, each crime of this case is set forth in the Supreme Court's sentencing guidelines: sex crime group, general standards, the crime of indecent act by force (subject to over 13 years old), the two types, the basic area, the basic area, the period of imprisonment between 1 and 8 months, and 3 years and 4 months (the minimum and upper limit of the sentence shall be included in category 2, but the scope of the sentence shall be mitigated to 2/3) * The scope of recommending punishment according to the majority crime management standards.

If a conviction on a crime committed in the judgment on which personal information shall be registered and submitted becomes final and conclusive, the defendant shall be subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall submit personal information to the competent agency in accordance with

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