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(영문) 서울남부지방법원 2016.05.12 2016고합15
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2015, around 23:00, the Defendant demanded the victim D (17 taxes) to ask the victim at the rain or cooling house of the Guro-gu Seoul Metropolitan Government C building.

The Defendant, the principal of the victim, etc., provided that the victim gave the victim the victim's answer, etc., and committed an indecent act by force against the victim's sexual organ in various places, such as yeast, gymnasium, fry, and damp symnasium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 not less than one year nor more than 15 years;

2. Application of the sentencing criteria [types] The two types of indecent conduct (special indecent conduct committed by a juvenile) (the person subject to 13 or more years of age) shall be subject to the general criteria for sex offenses: The mitigated elements of punishment [the scope of the recommended punishment] [the mitigated areas] mitigated areas of punishment [the scope of the recommended punishment] imprisonment with prison labor for not less than one year but not more than two years (the indecent conduct by a juvenile shall be included in Type 2, but the upper and lower limit of the scope of punishment shall be mitigated to 2/3);

3. Determination of sentence: The defendant, for a period of one year and six months under a suspended sentence, on March 20, 201, was punished by a fine of five million won or more for juveniles at a bath on March 20, 201, by committing a crime under the same water law as this case, and at a bath on December 26, 2011, committed a crime under the same water law against adults.

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