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(영문) 전주지방법원 2014.05.19 2014고합33

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 January 22, 2014, the Defendant operated the “D Reading Room” on the 3rd floor in Jeonju-si, Jeonju-si, and discovered the victim E (hereinafter referred to as 18 years old) who was seated and is studying in the reading room at the reading room at the above reading room at around 00:05 on January 22, 2014, and found the victim E (hereinafter referred to as “the victim’s age 18), and committed an indecent act by force against the victim, by using both arms.

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 of the accused’s statutory statement;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant who has registered personal information of this case constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in cases where a conviction is finalized against the criminal facts of this case, in full view of the following: the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, victim's intention not to punish the defendant; the victim's profit and preventive effect expected from the disclosure order or notification order of this case; the victim's disadvantage and side effects; etc., the defendant shall submit personal information to the competent agency pursuant to Article 43(1) of the same Act.

Reasons for sentencing

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

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);