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(영문) 서울남부지방법원 2015.10.23 2015고합330
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 April 17, 2015, at around 20:55, the Defendant committed an indecent act twice in his/her hands by her son E (M, 15 years of age) who was a juvenile who was in a currency in front of the D Beauty Room in Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph the accused, the scene of the incident, and CCTV images recorded by the victim;

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. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. From one year to two years [the range of recommending punishment] from one year [the minimum limit of the range of sentence in the area of mitigation is to be mitigated by 1/2] by falling under the area of special mitigation, but according to the minimum limit of the applicable punishment in law] where the degree of indecent act is weak for sex crimes, general standards, the crimes of indecent act by compulsion (subject to 13 years of age or older), the crimes of indecent act by compulsion (subject to 13 years of age or older), and Type 2 (Specially Indecent Act by Indecent Act).

3. Although the nature and circumstances of the crime are not such that in light of the nature and content of the crime committed in the determination of sentence, the indecent act is not such that of the crime.

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