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(영문) 대구지방법원 서부지원 2013.07.18 2013고합83
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 20, 2013, the Defendant, at the bus stop located in the Seogu Seog-gu, Daegu Metropolitan City, Daegu Metropolitan City, on February 20, 2013, was able to drink the victim's face while photographing the victim's face in the cell phone camera located next to the victim D (the age of 17) at the bus stop located in the Seo-gu, Seo-gu, Daegu Metropolitan City, Seodong bus bus stop located in the 17 years old-gu, Seo-gu, Seoul Metropolitan City, and committed an indecent act by force against the victim, by making the victim's her son and bucks, who want to get off from the bus because the victim's her son and bucks, and the victim tried to get out of the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A transcript of the complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012), the main sentence of Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, for which an order to notify is issued;

1. Six months to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. The range of the recommended sentence on the sentencing guidelines [decision of a type] range of punishment for sex crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), types 2 (special mitigation] and the punishment not for juveniles (subject to general mitigation] [decision of the recommended field and recommendation range] mitigation range, prison labor from September to June;

3. The defendant who has been sentenced to a sentence of imprisonment has committed several times against a child or juvenile victim, notwithstanding the past record of sexual crimes;

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