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(영문) 인천지방법원 부천지원 2014.10.31 2014고합201

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

The Defendant, in the state of falling short of the ability to discern things or make decisions due to the personality mental disorder and Wonon’s illness, found the victim C (the age of 16) who passed away from the park located in front of the Macheon-gu subsidiary Hospital affiliated to the Macheon-si University, 170, with the view of finding the victim C (the age of 16) and committing indecent act.

Accordingly, at around 22:00 on August 27, 2014, the Defendant followed the victim from the following back to the stairs of the victim's residence located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. In order to suppress the victim's resistance, the Defendant kiddddddd the victim's chest by his hand with his hand.

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. Statement of the police statement regarding C;

1. A criminal investigation report (Attachment of a suspect's medical certificate);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury;

1. Article 62 (1) 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. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [determination of a type] and the general standard of the crime of indecent act by force (subject to 13 years of age or older) and the mitigated elements of the second type [Special Indecent Act by force by force of juveniles] [the scope of the recommended field and the recommended type] mitigation range, one year to two years (in case of indecent act by force of juveniles, the upper limit and the lowest limit of the sentence range shall be reduced to 2/3) [the general person] aggravation factors against juveniles.