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(영문) 서울서부지방법원 2015.05.22 2015고합39
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 December 26, 2014, at around 20:10, the Defendant discovered the form of “D” convenience stores located in Eunpyeong-gu Seoul Metropolitan Government, in which the victim E (n, 13 years of age) takes an object in the sales stand, she spared into two arms, and committed an indecent act on the part of the Defendant in compliance with his/her right booms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of E and F preparation;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of CCTV files in a convenience store), investigation report (CCTV verification);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (to take into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (it shall be repeatedly considered in light of the favorable circumstances among the reasons for sentencing below);

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

1. The reason for sentencing of the defendant's personal information should not be disclosed or notified in full view of all the circumstances such as the defendant's age, character and conduct, environment, family relationship, the process and process of the crime of this case, profits and preventive effects expected from the disclosure or notification order of this case, disadvantages and side effects, etc.

1. The scope of punishment by law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [the determination of type] sexual crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), the indecent act by blood relatives / by indecent act by compulsion such as residential intrusion, etc. / special indecent act by compulsion [the person with special mitigation] are weak.

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