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(영문) 의정부지방법원 고양지원 2013.12.06 2013고합138

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 08:00 on June 13, 2013, the Defendant discovered the victim C (the 15-year old) who was sitting in the front of the Defendant while operating the subway line. On the back of the victim that occurs on the job, the Defendant got off the victim’s her her her her her her son and the her her her her bbbbbbbs.

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. Examination protocol of the accused by prosecution;

1. Statement of victim to C by the police;

1. C’s written statements, written complaints, and application of investigative reports (suspects specific)-related Acts and subordinate statutes;

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

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. The reason for sentencing under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Punishment] The general standard for the crime of indecent act by force (subject to the age of 13) and the element for mitigation of juvenile indecent act by force (special person) - In a case where the exercise of tangible force is considerably weak, the degree of indecent act is weak (the scope of recommendation field] [the scope of recommendation field] the special mitigation area] from six months to thirty years [the scope of punishment under law] from six months to thirty years [the scope of punishment under law] imprisonment from one year to thirty years [the decision of punishment] from one year [the decision of punishment under law] from one year to two years [the decision of punishment], and the crime of this case in the suspension of execution two years, the defendant committed an indecent act by force only with the victim's buck and so on within the previous bus, and the defendant committed an indecent act by force within the limit of March 201.