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(영문) 대구지방법원 2014.10.10 2014고합385

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

At around 00:10 on June 15, 2014, the Defendant reported the fact that the victim E (here, 17 years of age) is serving in a mixed room in the Daegu Northern-gu C and 8-to-be Dial Office located in the 15th floor of the Defendant’s operation, and that he/she would be able to listen to the victim, and forced him/her to commit an indecent act against the victim, and forced him/her to gather his/her hand into the victim’s panty, and continued to put his/her hand into the victim’s panty in the victim’s panty, and led him/her to keep his/her hand into the victim’s panty.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to 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, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. The range of recommendations according to the sentencing guidelines [decision of types] the general standard for sexual crime committed by indecent act by compulsion (including deceptive or indecent act by force) by juveniles (including persons aged 13 or older) - mitigated elements: In cases where the exercise of tangible force is considerably weak, the court shall not impose punishment [the scope of decisions and recommendations on the recommendation field] special mitigation area, six months to two years [the general person] of imprisonment [the mitigated elements] - There is no strong reflectness and criminal punishment [the suspended sentence] - The main reasons for the writing are positive (where the exercise of tangible force is significantly weak in the course of indecent act by force, the court shall not impose punishment) - The reason for the writing is positive (where there is no previous one and there is no criminal record above the suspended sentence, social relation clearly, contingent crimes, and serious reflects) / [Comparison with the punishment and recommendations].