beta
(영문) 수원지방법원 2014.09.25 2014고합363

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 June 7, 2014, around 15:18, the Defendant: (a) discovered the victim C, attempted to commit an indecent act against the victim; (b) discovered the victim’s 16 years old; and (c) committed an indecent act against the victim by drinking only one hand after the victim was inside the latter; and (d) committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on occurrence and each investigation report (the No. 8,9 of evidence lists);

1. Application of Acts and subordinate statutes to photograph photographic data of the escapeing vehicle and photographic data of the exiting vehicle;

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. Where the exercise of tangible power (one year to two years) in the mitigated area (including deceptive or indecent acts by force) is considerably weak on the basis of the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the general standards of the indecent act by compulsion (including the indecent act by force by force against juveniles aged 13 or older).

3. In light of the following: (a) the crime of this case by which the Defendant rendered a sentence of sentence is deemed to have been committed by indecent acts against female juveniles who do not have awareness, and the nature of the crime is not good; (b) the victim appears to have received a considerable sense of sexual humiliation and mental impulse; and (c) the Defendant has not made any effort to recover from damage, it is necessary to punish the Defendant solemnly.

However, there is no criminal record against the defendant, and the defendant led to the crime of this case.