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(영문) 서울남부지방법원 2015.10.07 2015고합264
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Punishment of the crime

On May 23, 2015, at around 17:00, the Defendant committed an indecent act with the victim E (here, 15 years of age) who was a juvenile who had marddd from a marcing point in front of D in Gangseo-gu Seoul Metropolitan Government, with the victim’s mar with his marth, as follows:

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate 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 relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 62-2 (1) of the Criminal Act;

1. The age, occupation, family environment, social relative relationship, criminal record and the risk of recidivism of a child or juvenile exempted from disclosure and notification order under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant does not have the same criminal record and is highly likely to recommit a crime;

In full view of various circumstances such as the benefits expected by an order of disclosure or notification, the effect of prevention, and disadvantages and side effects resulting therefrom, there is a special circumstance in which the personal information of the defendant should not be disclosed or notified. The reasons for sentencing are as follows.

1. Where the degree of indecent acts in the types of sex crimes, general standards, the crimes of indecent acts by force (subject to over 13 years of age), and Type 2 (subject to mitigation) [the scope of recommending punishment] imprisonment for one year from one year to two years (the mitigation area, juvenile indecent acts by force shall be included in Type 2, and the upper and lower limits of the scope of sentence shall be mitigated to 2/3, respectively);

2. In light of the nature and content of the instant crime that was sentenced to punishment, the degree of indecent act is not much serious, and the degree of such indecent act is recognized and against the law.

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