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(영문) 수원지방법원 2015.02.03 2014고합657

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

On September 24, 2014, around 22:30 on September 24, 2014, the Defendant discovered the victim D (the age of 14) who is a juvenile from the stairs between the second floor and the third floor of the Yeongdeungpo-gu Seoul Building and committed an indecent act by entering the victim's school uniforms by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV analysis for crime prevention);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Articles 49 and 50 of the Act on the Protection of Children and Juveniles from Sexual Abuse who were subject to disclosure and notification order argued that the defendant had a state of mental disorder or mental disability due to sexual intercourse and shock disorder at the time of committing the crime in this case. Thus, according to the records of this case, it is recognized that the defendant had some difficulties in shocking at the time of committing the crime in this case, but in light of the circumstances, methods, and the defendant's behavior before and after committing the crime in this case, it is not deemed that the defendant had no or weak ability to discern things at the time of committing the crime, and therefore, the above assertion is rejected.

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. The application of the sentencing guidelines [the determination of a type] the general standard for sex crimes and the crime of indecent act by blood (subject to the age of 13 or more) and indecent act by indecent act by blood, such as indecent act by blood or entering a house, etc. / The indecent act by indecent act by indecent act by minor indecent act by indecent act by juvenile shall be included in this type, but the upper and lower limit

[Decision of Recommendation] Basic Field [Scope of Recommendation] Imprisonment with prison labor from August to April 3 from March.