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(영문) 대구지방법원 포항지원 2015.07.20 2015고합35 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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 March 6, 2015, the Defendant: (a) was a person who was driving a school bus of D English Private Teaching Institutes in South-gu, Nam-gu; and (b) on March 18:50 on March 6, 2015, the Defendant committed an indecent act by force against a juvenile victim E (V, 14 years of age) by using her meast on two occasions in the first floor corridor of the above private teaching institute.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of each statute on photographs;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. Reasons for sentencing on the basis of 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 (where special circumstances exist that may not disclose personal information, considering comprehensively the following, such as the age, occupation, risk of repeating a crime, type of the crime in this case, motive, process, seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., of the

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

2. Where the degree of indecent act is weak in the area of mitigation (one year and six months to three years of imprisonment), prescribed in the second category (the scope of modified recommendation] of the crime of indecent act by compulsion (subject to the age of 13 or more) on the general standards (the minimum and upper limit of the sentence in the case of indecent act by compulsion by juveniles) (the minimum and upper limit of the sentence in the case of indecent act by compulsion by juveniles shall be reduced to 2/3) by imprisonment for one year from one year to two years (the lower limit of the sentence and the upper limit

3. The crime of this case in which the sentence of sentence was decided was committed by force against the victim who is a juvenile and thus, the nature of the crime is not minor, but is against the defendant's confession of the crime, and the indecent act against the victim in this case.

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