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(영문) 수원지방법원 2014.01.07 2013고합707

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

【Criminal Power】 On April 7, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul High Court, and completed the execution of the sentence on February 14, 2012.

【Criminal Facts of Crimes】 On October 11, 2013, around 19:28, the Defendant: (a) viewed the victim’s chest on the front of the “D” road located in Osan-si, Osan-si, as a child or juvenile, from the front side of the victim E (the victim’s age 14).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Video-recording CDs in indecent act by compulsion;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes as a result of the search of prisoners;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

4. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. One year to twenty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Reduction elements of the standard of sentencing [Determination of type] applicable to the crimes of indecent act by force (subject to 13 or more years of age) on the general standard of the term of sexual crimes: In cases where the exercise of tangible force is considerably weak [Determination of the recommended field] mitigation area] [Determination of the recommended field] mitigation area] [Determination of the punishment in the mitigated area] one year to two years (the maximum and minimum limits of the range of punishment are reduced to 2/3 because it is a indecent act by force for juveniles, reduction of the range of punishment and the minimum limits of the punishment to 2/3] Aggravation element of aggravation: In cases of crimes against juveniles, this type of repeated crime not falling under special lecture;

3. The crime of this case by the sentence of sentence was committed by force by force on the chest of the victim, who is a juvenile who had been committed by the defendant, by force. The victim suffered a considerable sexual humiliation in the crime of this case against the victim who was under the age of 14 years at an open place.