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(영문) 의정부지방법원 2016.08.17 2016고합235
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

In light of the fact that the crime of unfortunateness is considerably poor, the victims are likely to feel a sense of sexual humiliation and have suffered mental impulses due to the crime, and in particular, in the case of the victim D, which is the juvenile of the ages who are under the emotional distress, the degree of the damage would have been more serious, and considering that the defendant did not agree with the victims, it is necessary to punish the defendant with severe punishment.

However, the fact that the defendant fully acknowledges and reflects the crime, that the defendant does not seem to have exercised a separate force, such as assault, in the course of committing the crime of indecent act in this case, and that the defendant has no record of criminal punishment in Korea, etc. Considering favorable circumstances, such as the motive, means and result of the crime in this case, circumstances after the crime, the defendant's age, environment, sexual conduct, etc., and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court (one year to two months).

1. A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse: A sex crime group, general standard. A crime of forced indecent conduct (subject to at least 13 years of age), two types (voluntary indecent conduct, such as forced indecent conduct by blood or intrusion into residence), area of mitigation (a case where the exercise of force by special mitigation is considerably weak: A case where the exercise of force by blood is considerably weak), one year to two years;

2. Crimes of indecent acts by force: The range of recommendations in accordance with the guidelines for handling multiple crimes: Imprisonment with prison labor for a sex crime group, general standards, crimes of indecent acts by force (subject to at least 13 years of age), types 1 (general indecent acts by force), mitigation area (where the exercise of tangible power is significantly weak): one month to one year from one year from two years and six months, and the punishment as ordered;

If a judgment of conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person 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 such person shall submit personal information to the competent agency

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