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(영문) 전주지방법원 군산지원 2013.11.22 2013고합118

아동ㆍ청소년의성보호에관한법률위반(강간등)

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 August 2013, 22:00, the Defendant returned home from the stairs of 108, 5th, Sinsan-si, Sinsan-si, Kasan-si, the Defendant 108, 108, 108, and 16 years old, and she was faced with the victim's chest from the right side of the victim, and she was pushed back with the victim's chest.

In addition, the Defendant committed an indecent act on the part of the victim, who read the victim’s “the victim must go to his house” and read the arms which the victim had drawn up, and as he seems to be able to use the hand as the victim’s chest.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning D police statements;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which Personal Information is Registered (where a conviction is finalized on the facts constituting the sex offense subject to registration) of the Act on the Protection of Children and Juveniles against Sexual Abuse,

1. Summary of the assertion

A. Although it is recognized that the defendant committed the same act as the above facts charged, it cannot be viewed as an indecent act.

B. The defendant had no intention to commit an indecent act.

2. Determination

(a)"Indecent act" means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, and thus causes the victim's sexual freedom.