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(영문) 수원지방법원 안산지원 2014.04.18 2013고합357
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 26, 2013, from around 12:40 to 13:00, the Defendant was seated by the victim D (the victim 16 years of age) within the city bus in Seocheon-si, Seocheon-si, Seocheon-si, Seoul Metropolitan City (the victim 186 years of age) to be a side of the victim D (the victim 16 years of age). On his hand, even though the victim was sealed by the Defendant’s hand, the Defendant continued to leave the victim’s bucks and bucks.

As a result, the Defendant committed indecent act against the child or juvenile victim by assault.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

2. Application of the police statement law to D;

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 the relevant criminal facts;

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

3. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to attend a course or complete a program;

4. Reasons for sentencing in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant appears to have committed the instant crime in a shock and prone manner while drinking; (b) the degree of indecent act is relatively minor; and (c) the Defendant’s age, occupation, family relationship, profits and preventive effects expected from disclosure or notification order to the Defendant; and (d) disadvantages and side effects therefrom; and (e) the Defendant’s personal information disclosure should not be disclosed and notified.

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determinations of types: Sex offense group - Crimes of indecent act by compulsion of general standards (subject to at least 13 years of age) - Type 2;

(b) A special breeder: No person;

(c) Scope of Recommendation: one year to three years and four months of imprisonment (the basic area, juvenile indecent act by compulsion shall be included in the second category, and the upper limit of the sentence range (five years).

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