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(영문) 광주지방법원 목포지원 2013.04.11 2013고합19
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

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

At around 11:50 on January 1, 2013, the Defendant committed an indecent act on the part of the victim by drinking the victim D (the age of 16) in a restaurant with the trade name "Mapopo City C", and by drinking the victim's fright to force the indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Written complaint and recording of the case;

1. Application of Acts and subordinate statutes to photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where the conviction of a defendant who has registered personal information of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is subject to registration of personal information of Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The range of the recommended sentence based on the sentencing guidelines [the determination of a type of punishment] the group of sex crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more) by blood relatives / special indecent act by compulsion, such as indecent act by compulsion of life or by compulsion of indecent act by compulsion of juveniles] - Where the degree of indecent act is weak (the determination of the recommended area] reduced area [the range of the recommended area] reduced area [the range of the recommendation area] and one year to three years; and

3. Determination of sentence: Imprisonment with prison labor for 6 months, and 2 years of suspended sentence, the victim who is aged due to the instant crime has suffered a huge mental shock.

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