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(영문) 춘천지방법원 속초지원 2015.04.23 2014고합39
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant: (a) around 18:32, 18:32, 105, the Defendant: (b) in the Seocho-si C apartment 105 elevator, and (c) in the elevator, the Defendant Dohhh (the age of 16), as the Defendant’s knife the Defendant’s knife with the Defendant’s knife; and (d) continuously used the victim’s knife with the Defendant’s left hand, knife the victim’s knife with the Defendant’s knife with the Defendant’s knife and knife the Defendant’s knife with the Defendant’s hand, and tried to knife the Defendant’s face toward the Defendant’s face.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the victim in D in a video CD;

1. On-site reports (CCTV photographs names and back-to-door CD names);

1. Application of CCTV CD-related Acts and subordinate statutes;

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. 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment on the criminal facts indicated in the judgment on the registration of personal information under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, 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 related agency pursuant to

Reasons for sentencing

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

2. The range of recommendations: Imprisonment for the crimes of indecent act by compulsion (subject to the age of 13 or more) on the general standards from six months to two years (subject to the age of 13 or more) and the special mitigation and mitigation detailed standards: Juvenile indecent act (including deceptive act or indecent act by compulsion, such as indecent act by force and by force according to relative relations):

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