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(영문) 대구지방법원 2014.07.11 2014고합74

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

At around 13:00 on October 12, 2013, the Defendant committed an indecent act by force against the victim, who is a juvenile, by dividing the students, such as the victim E (at the age of 14), and other students, by drinking alcohol and meat, etc. on the part of the Defendant’s management in Daegu-gu, Daegu-gu., the Defendant returned to the house, and other students, other than the victim, return to the house, are under the influence of the victim, is under the influence of the shock of the drunk office. The victim’s chest is under the influence of alcohol, and the victim’s chest is under the influence of the victim’s knife, knife, knife, knife, into the clothes of the victim

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Recording records;

1. Each report on investigation;

1. The application of Acts and subordinate statutes governing requests for appraisal;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 21(2), (3), and (4) 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 obliged to submit personal information to a competent agency pursuant to Article 43 of the same

However, in light of the fact that the defendant has no record of being punished for the same kind of crime, reflects his/her mistake in depth, endeavored to receive a letter from the victim, and the fact that an order to attend a course is concurrently imposed for the purpose of improving his/her character and conduct, etc., no order to disclose or notify the public pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of

Reasons for sentencing

1. Scope of applicable sentences by law: Two years to thirty years; and

2. Determination and recommendation of the recommended range of the punishment according to the sentencing guidelines (the determination of a type) and the general standards for sex crimes (the persons aged 13 or older) and the recommended range of the recommended range of the crimes of indecent act by compulsion by juveniles of the second category.