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(영문) 대구지방법원 2015.01.16 2014고합405

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2014, the Defendant, as of 17:40 on July 21, 2014, 2570, she saw the victim C (the age of 15) who was waiting for the bus to sit in the event at the bus bed and waited for the bus, she saw the victim's left hand in his/her hand, she saw the victim's hand over, and she saw the victim's hand over to her hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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 consideration shall be made again for the reason of sentencing);

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Reduction elements of types 2 (Specially decent Persons): Reduction elements of indecent acts in the form of a crime of indecent act by compulsion by force (subject to 13 years of age or older) on the basis of the sentencing guidelines (determination of types of recommendations) and the scope of recommendations on the grounds of the sentencing guidelines: Reduction area (determination of the recommended field and the scope of recommendations), one year or two years;

3. The crime of this case by which the defendant was sentenced shall be the victim who does not have any awareness of being sentenced.