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(영문) 대전지방법원 홍성지원 2019.01.10 2018고합80
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 of the final judgment.

Reasons

Punishment of the crime

Around 07:43 on August 29, 2018, the Defendant was moving from “C” located in Hongsung-gun, Chungcheongnam-gun, Hongsung-gun, to “F” located in the Chungcheongnam-gun, Chungcheongnam-gun, and moved to “F” in the Chungcheongnam-gun budget E, and the Defendant was forced to commit an indecent act by force against the victim G (hereinafter “F”), who is a passenger boarding the said bus, by means of the victim’s seat, by moving to the victim’s seat, making the victim’s side buck buck, by taking the bridge, the Defendant knee kbbbbbbs of the victim on several occasions, and the victim’s kbbbbs in order to get out of the bus, and the victim’s kb, by hand, used the victim’s kbb, as his hand, to use the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to 112 reported case processing lists and CCTV images closure 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. 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing in the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. One year to fifteen years from the imprisonment with prison labor within the applicable range;

2. Type 2 (However, in the case of the indecent act by compulsion of juveniles, the maximum and minimum limits of the scope of the sentence shall be reduced to 2/3) of the punishment according to the sentencing guidelines, the range of the punishment according to the sentencing guidelines (the determination of the type of punishment) and the general standard of the crime of indecent act by compulsion (the target of the age of 13 or more).

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