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(영문) 서울북부지방법원 2014.03.14 2013고합388 (1)

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 03:20 on May 28, 2013, the Defendant: (a) in the cosmetic room located in Nowon-gu in Seoul Special Metropolitan City on May 28, 2013, and (b) held a meeting with the victim D (the victim D, 16 years of age, Ears) who works in the same cosmetic room, and was divingd in the beauty room; (c) the victim was drunk in the above cosmetic room; (d) the victim was under the influence of alcohol and was able to commit an indecent act against the locked in the shock; (e) the victim was frightd with the victim’s shoulder; (e) the victim was frightd with the Defendant’s shoulder; and (e) the victim was frighted with his/her finger and panty kying the finger into the victim’s kick and panty line, and committed an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution video CDs with regard to D;

1. Application of the police protocol of statement to F;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. As to orders to complete programs, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. The range of the recommended punishment according to the sentencing guidelines [the determination of a type] group of sex crimes, general standards, the crime of indecent act by force (subject to 13 years of age or older), the second type of indecent act by force by force (special person): In cases where the exercise of tangible force is considerably weak [the determination of the recommended field] imprisonment from one year to two years (the maximum and minimum range of sentences are reduced to 2/3 because mitigation areas, juvenile indecent act by force, and so the maximum and minimum range of sentences are reduced to 2/3] - In cases of aggravated factors: crimes against juveniles. three.