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(영문) 수원지방법원 2014.10.02 2014고합446

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

At around 14:30 on July 6, 2014, the Defendant: (a) laid away things within the “Dovas” operated by the Defendant, which was operated by the Defendant, inside the “Dovas”, and (b) 15 years old; (c) laid the victim F (the age of 15) on the back of the Kabbbbbbs and hand on the left side of the said E; (d) rhumbbs and hand on the left side of the said E; and (e) continued to rhumbs and hand over the said Fbucks and hand.

Accordingly, the defendant committed indecent acts by force against the victims of juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written statement of F and E;

1. CCTV CDs and each video tape CDs (Evidence Nos. 11,12);

1. Application of Acts and subordinate statutes to each investigation report (No. 1,8) and each investigation report (Evidence List No. 14, 15);

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with a more serious criminal situation);

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. Reasons for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a year to June 22;

2. Where the exercise of tangible power (6 months to 2 years from June to 2 years) in the area of special mitigation (including fraudulent means and indecent acts by force) is considerably weak, no penalty shall be imposed on the grounds that the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standard (the target of 13 years or older).

3. The instant crime committed by the Defendant committed an indecent act by force against the female juveniles of 15 years of age who set goods to Schlage operated by the Defendant.