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(영문) 대구지방법원 포항지원 2015.11.16 2015고합72
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 17:00 on June 16, 2015, the Defendant committed an indecent act by force against the victim by inserting the victim’s shoulder, hand, and arms, putting the victim on the wall of the defendant, putting the victim on the wall of the defendant, putting the victim’s shoulder, hand, and arms into the wall of the defendant, and putting the victim’s shoulder, hand, and arms into the wall of the victim into the wall of the room.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Reasons for sentencing on the basis 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 (where special circumstances exist that may not disclose personal information, considering comprehensively the following, such as the age, occupation, risk of repeating a crime, type of the crime in this case, motive, process, seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., of the

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

2. Where the exercise of tangible power is considerably weak from one year to two years (the lowest and upper limit of the range of punishment in cases of juvenile indecent acts by compulsion) (the minimum and upper limit of the range of punishment shall be mitigated to two-thirds in cases of juvenile indecent acts by compulsion) sentenced to the reduction field (one year and six months to three years of imprisonment), prescribed by the second type (the target of at least 13 years of age) of the crime of indecent acts by compulsion on the general standards (the scope of punishment modified), by imprisonment.

3. The criminal defendant who committed the instant case in which a sentence of sentence was rendered.

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