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(영문) 수원지방법원 여주지원 2019.09.19 2019고합58

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

The defendant was aware of the fact that he was a child or juvenile under the age of 19 years between the victim B (n, 18 years of age) and that he was a child or juvenile under the age of 19.

around 02:45 October 15, 2018, the Defendant, in front of the DPC entrances located in C and C and C, had a male toilet located between the second and third floors of the same building, led the victim to a male toilet between the second and the third floors of the same building, and prevented the victim from staying in the toilet wall, with the victim's breast and knife. The Defendant had the victim's chest and knife with knife with the victim's chest and knife with knife with his hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. E stenographic records;

1. Application of F’s written Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

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

2. Reduction elements of indecent acts by force, such as indecent acts by force or by force, by blood relatives, etc. [the range of recommending territory and recommending punishment] mitigation range, one year to two years [the scope of juvenile indecent acts by force (including deceptive acts or by force) shall be included in the categories 2, but the upper and lower limits of the scope of punishment shall be reduced to 2/3];

3. Determination of sentence: Imprisonment with prison labor for one year, and two years under suspension of execution, taking into consideration all the circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime;