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(영문) 광주지방법원 해남지원 2016.03.30 2015고합45
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On October 31, 2014, at around 06:00, the Defendant committed an indecent act against a juvenile who is a juvenile, such as: (a) having the victim D (at the time, 14 years of age) who is a relative with the victim in his house located in the Namnam-gun C; (b) having the victim committed an indecent act by forcing the victim; (c) having the victim to commit an indecent act by force; and (d) having the victim knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

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 selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In light of the Defendant’s age, motive, criminal history, social relationship, etc., the Defendant’s duty to register and submit personal information of the Defendant to the competent agency pursuant to Article 42(1) proviso and Article 50(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction against the instant criminal facts becomes final and conclusive, the Defendant is subject to registration of and submission of personal information on the ground that the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant’s personal information is subject to registration pursuant to Article 43(1) of the same Act.

Reasons for sentencing

1. Two years and thirty years, respectively, of imprisonment within the scope of punishment by imprisonment;

2. Application of the sentencing criteria;

1. Calculation of the recommended punishment [Determination of the type], general standards, crime of indecent act by force (subject to at least 13 years of age), two types (voluntary indecent act/special forced indecent act, such as forced indecent act by blood or intrusion into residence), [person subject to special sentencing] Victims who are vulnerable to the crime (the scope of recommended punishment] [the scope of punishment] 2 years and 2 years and 4 August.

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