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(영문) 의정부지방법원 2016.03.30 2015고합399
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2014, the Defendant committed an indecent act by force against a juvenile, such as: (a) at the Defendant’s house in Southyang-si, the 304th century, and (b) at the Defendant’s house in the Republic of Korea; (c) 14 years old; (d) kid the victim D (or 14 years old); (c) by inserting his hand into the victim’s clothes; (d) kid the victim’s chest; and (e) kid the victim’s chest to avoid play; and (e) putting the victim’s chest into the part of the victim’s chest; and (e) making the victim’s chest into the part of the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to stenographic records;

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 criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (to refer to the following conditions of sentencing under Article 51 of the Criminal Act, as stated in the following sentencing):

1. Grounds for sentencing under Article 21 (3) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) The scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years; and

B. Type 2 (Indecent Act on the Protection of Children and Juveniles against Sexual Abuse) (Indecent Act on the Protection of Children and Juveniles against Sexual Abuse) (Indecent Act/Indecent Act/Special Forced Act on the Protection of Children's and Juveniles against Sexual Abuse by Relatives) (Indecent Act/Indecent Act/Indecent Act/Special Forced Act on the Protection of Children's and Juveniles against Sexual Abuse by Relatives) is mitigated [the scope of recommended punishment] [the scope of recommended punishment] mitigated area of imprisonment with labor for one year or two years (in case of indecent act by juvenile enforcement, the upper limit of sentence and limited amount to 2/3)

2. The crime of this case with the sentence of sentence was committed by the Defendant, who did not receive a disability rating but was organized as a person eligible for special education, with the victim's forced indecent act, and the victim suffered a considerable mental impulse due to the crime of this case.

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