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(영문) 서울서부지방법원 2017.08.31 2017고합51
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

A. Article 49(1) proviso and the proviso to Article 50(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection and Information Protection and Information Protection (hereinafter “Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection and Information Protection,

Reasons for sentencing

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

2. Application of the sentencing guidelines [types] The crimes of coercionful indecent acts (subject to at least 13 years of age) in the form 2 (voluntary indecent acts, such as forced indecent acts/special forced indecent acts by relatives) [Special Sentencing] mitigated elements: Where the exercise of tangible power is considerably weak [the scope of recommended punishment] mitigated area [the scope of recommended punishment] from 1 year to 2 years] * descriptive criteria: The indecent acts by juveniles (including indecent acts by deceptive means and force) by juveniles (including indecent acts by force);

3. Determination of sentence: (a) the Defendant committed an indecent act against a victim under 15 years of age who operated a private teaching institute and has been taking a long course; (b) the victim has a big mental impulse; (c) the victim was subject to the punishment of the Defendant; (d) the sentencing factor unfavorable to the Defendant is the sentencing factor unfavorable to the Defendant; (c) the Defendant led to the confession and reflect of the crime; (d) the primary offender; and (e) the victim immediately expressed his intention to refuse the commission of an indecent act, taking into account each of the favorable sentencing factors; and (e) other factors of sentencing, including the Defendant’s age, sexual conduct, circumstances leading to the crime, and circumstances before

Where a 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 Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is the competent agency pursuant to Article 43 of

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