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(영문) 의정부지방법원 고양지원 2015.04.10 2014고합266

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 20, 2014, the Defendant: (a) was a person operating C’s shuttle bus; (b) was a victim F (14 years of age), G (n), and 13 years of age) boarding a shuttle bus and going to the said sports center, the Defendant committed an indecent act against the victims of juveniles by force by force, on or around September 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for the crimes;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes resulting from the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims G with heavy circumstances);

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing on the grounds of sentencing, in full view of various circumstances including: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempt from disclosure order and notification order (in this case, there are no particular criminal records other than a fine of KRW 500,000,000 for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in around 1998; and (b) the fact that only the registration of personal information and participation in the course of sexual assault treatment can be seen to have an effect to prevent recidivism by the defendant; and (c) there are special circumstances that need not

1. Scope of recommended types based on the sentencing criteria;

(a) The protection of children and juveniles against sexual traffic;