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(영문) 서울동부지방법원 2012.11.01 2012고합436

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2012, the Defendant: (a) around 01:00, the Defendant: (b) around 01:00 the Gangdong-gu Seoul Metropolitan Government Maurher 104, and (c) the minor victim D (the age of 15) (the age of 15) was under the influence of alcohol and was able to commit an indecent act against the victim; (b) was frighted by the victim’s inner part; (c) was frightened to the chest; (d) was fright to the breast; (d) was fright to the breast; (e) was fright to the breast; and (e) was fright to the finger; and (e) was fright to the part of the victim

Accordingly, the defendant committed similar behavior such as putting the fingers into the sexual flag of the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Hearing on telephone statement concerning damage situations of victims);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The reason for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the defendant committed an indecent act by taking advantage of the victim who is juvenile unable to resist, and the criminal liability of the defendant is not minor in light of the characteristics of the victim who is vulnerable to the crime, the relationship between the defendant and the victim, etc.

However, the defendant's mistake reflects the defendant's depth, there is no record of punishment for the same kind of crime, and the defendant has been repeatedly sentenced to the victim, his family, etc. from the day after the crime.