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(영문) 광주지방법원 2012.12.27 2012고합1092
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On August 11, 2012, at around 10:00, the Defendant committed an indecent act by force against the victim E (the 14 years old), a part-time E (the 14 years old), a part-time E (the 14 years old), a part-time E (the 14 years old), who is cleaning the floor at a factory operated by the Defendant, located in the Mancheon-gun C Complex, Jeonnam-nam, on August 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation, community service or lecture attendance order under Article 62-2 of the Criminal Act, the main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. The range of recommendations on the sentencing guidelines [the types of crimes] the range of recommendations on the sentencing guidelines / [the general standards, and the crimes of indecent act by force (subject to over 13 years of age) / Special Mitigations / Special Mitigations - The degree of indecent act by force of juveniles / The scope of punishment is not [the range of recommendations / Special Mitigations / The scope of punishment / The juvenile indecent act by force shall be included in the range of punishment / The range of punishment - The juvenile indecent act by force shall be included in the range of punishment / The upper and lower limits of the range of punishment shall be mitigated to 1/2, and the upper and lower limits of the range of punishment shall be mitigated to 6 months and June

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, the defendant committed indecent act by force against the victim under the age of fourteen, a part-time student, and the nature of the crime is poor, but the degree of indecent act in this case is poor.

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