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(영문) 수원지방법원 성남지원 2013.05.02 2013고합12

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2012, around 13:30 on October 19, 2012, the Defendant committed an indecent act against the juvenile who committed an indecent act by using the parts of the victim D (n, 16 years of age) (n,) with which they had a way to work together on the front roads of the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement of D;

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 relevant 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. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing [decision of type] for sentencing of the crime of this case (the defendant is a person subject to the disclosure order and notification order under Articles 38 (1) 1 and 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse; however, there is no record of punishment for the same crime; since 2012, he/she has served in good faith in his/her workplace; and the degree of indecent act in the crime of this case is relatively minor. Considering these circumstances, it is recognized that there is a special circumstance that disclosure and notification of the personal information of the defendant is prohibited; thus, the defendant is not ordered to disclose and notify the personal information of the defendant; the defendant is not ordered to disclose and notify the personal information of the defendant; the defendant is not ordered to disclose or notify the defendant;

1. General standards:

(b) Crimes of indecent act by compulsion (subject to the age of 13 or more);

2. The degree of indecent act by blood by indecent act by blood / by indecent act by indecent act by blood / special indecent act by indecent act by compulsion (to reduce the upper and lower limits of the range of punishment by 1/2) / Where the degree of indecent act by indecent act by indecent act by blood / (a person in special form) / [a person in special form] by the mitigation area (a person in general form of punishment from 8 months to 1 year and 6 months] (a person in general form of punishment] - suspended sentence in the case of crimes against a juvenile by aggravated factors.