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(영문) 광주지방법원 2019.07.12 2019고합175
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

On May 4, 2019, at around 19:38, the person subject to the request for attachment order (hereinafter referred to as the "defendant") brought the victim C(16 years old, 16 years old, and us) who was drinking if he/she was seated within the convenience store and was seated at the convenience store in Gwangju North-gu, and brought the victim's left hand into the victim's her son with his/her will.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Articles 49 (1) 1 and 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to an order or notice of disclosure;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by force (including indecent act by force or by force on the juvenile) [Type 2] There is no indecent act by force or special indecent act by force, such as indecent act by force or by force on the family life, etc. by relatives [the scope of recommending area and recommended punishment] [the scope of recommending area and recommended punishment]] basic area, imprisonment from August to April 1 year (including indecent act by force on the juvenile (including indecent act by force or by force on the juvenile) shall be included in the category 2/3, but the upper and lower limit

3. Determination of sentence: The Defendant, one year and six months, who recognized the instant crime, appears to be against the Defendant, and the instant case.

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