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(영문) 대구지방법원 안동지원 2012.06.29 2012고합60

아동ㆍ청소년의성보호에관한법률위반(강간등)

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 March 18, 2012, around 15:50 on permanent residence, the Defendant discovered that the victim C (here, 14 years of age) who is a frighter juvenile was passed together with his her frighter with his her frighter, and committed an indecent act against the victim by his her frighter.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to C, D, and E

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. Suspension of execution under Article 62 (1) of the Criminal Act (The conditions favorable to the reasons for sentencing below);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 13 (1) 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. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. One year to thirty years from the imprisonment with prison labor within the applicable range;

2. The extent of recommended punishment according to the sentencing guidelines [the range of recommended punishment]; sex crimes; general standards; crimes of indecent act by compulsion (subject to at least 13 years of age); and types 2 (special mitigation) (subject to juvenile indecent act) where the degree of indecent act is weak; the area of mitigation [the scope of recommended punishment]; imprisonment with labor for a period from September to June;

3. The crime of this case by the sentence of sentence is deemed to have been committed by indecent act by compulsion of the victim's chest on the way, and the sexual health and mental impulse of the victim, which was the third-year student of the middle school, appears to be very high. The defendant committed the crime of this case even though he was sentenced to a suspended sentence of two years in prison due to the crime of indecent act by force under similar veterinary law in 2005, and even if he was sentenced to a suspended sentence of two years, he repeated the crime of this case. Nevertheless, the defendant did not seriously reflect his wrong and rather did not cause the victim's fault, and even though his parents do not want the punishment of the suspect to the investigative agency.