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(영문) 춘천지방법원 강릉지원 2014.07.03 2014고합25

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 December 12, 2013, at around 16:50 on December 16, 2013, the Defendant tried to look back to the victim E (here, 13 years of age) (here, 13 years of age) who was frighted in the alley of the Dalle C, and tried to look back the victim's chest.

Therefore, when the victim was knife by the defendant's hand, the victim asked the victim "where the F Elementary School is F, and where G is serious," and tried to roots the victim's hand and look at the victim's chest again, but the victim did not escape and attempted to escape.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 7 (6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 21 (2) 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 the fact that there is no history that a defendant was punished for a sex offense prior to the crime of this case, and that the defendant reflects the crime of this case in this court, and the character and conduct of the defendant, the form and motive of the crime of this case, the process of the crime, the result of the crime, etc. are deemed to have a significant side effect on the disadvantage and side effect that the defendant will suffer, rather than the profit and preventive effect expected by the disclosure order or notification order, since it is deemed that there is a special circumstance that the disclosure or notification of the personal information of the defendant should not be disclosed or notified.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Whether the sentencing criteria are applied: An attempted offender, but not applying the sentencing criteria;

3. Determination of sentence shall be made in consideration of all the sentencing factors indicated in the records and pleadings, such as the background leading to the instant crime and the degree of indecent act, etc., and the accused shall be sexual crimes.