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(영문) 의정부지방법원 2014.07.17 2014고합87
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

Criminal facts

Defendant

On November 13, 2013, at least 18:30 on November 13, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") performed drinking together with the victim D (the age of 15) who is a student at a middle school in which the defendant works for the defendant, together with the victim D (the age of 15) who is a student at a middle school in Southyang-si, where the defendant works for the defendant, and held the victim's chest by drinking so that the victim was forced to commit an indecent act by force.

Accordingly, the Defendant committed an indecent act by force against a juvenile under the influence of alcohol, who was in a difficult state of resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An expert opinion of a child sexual assault case;

1. Application of Acts and subordinate statutes to investigation reports (the content of statements E);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing of the Defendant’s personal information should not be disclosed or notified in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case occurred in the course of drinking together in the space where the Defendant and the victim are sealed; (c) the Defendant has no record of punishment for the same crime; and (d) the profits and the effect expected by the disclosure order and notification order of this case; and (e) disadvantages and side

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

2. The types of recommendations according to the sentencing criteria.

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