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(영문) 수원지방법원 여주지원 2019.10.31 2019고합65
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 25, 2019, the Defendant: (a) was seated on the side of the victim C (one-year-old, 18 years-old) in the city bus B, which passed on May 16:45, 2019, and the Defendant said, “Is the victim’s right bucks,” and “Is the victim’s hand, Is the victim’s right bucks,” and “Is the victim’s right bucks, and Is the ppuri back to her left hand.”

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning C;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Reduction elements of indecent acts by force, such as indecent acts by force, by blood relatives, etc. [type 2] and indecent acts by force, by force, by special indecent acts by force, etc. by force, by force, [the scope of recommending and recommending types] special mitigation range, six to two years (including deceptive acts by force, by force, by force, shall be included in the categories 2/3, and the upper and lower limits of the sentencing range shall be mitigated to 2/3] [the range of recommending types of punishment revised according to the sentencing guidelines] [the range of recommending types of punishment revised according to the applicable sentences] from one year to two years (where the lower limits of the sentencing range recommended by the sentencing guidelines are inconsistent with the lower limits of the applicable sentences in law, the lower limits of the applicable sentences in law shall prevail).

3. Determination of sentence: The age, character and conduct, environment, motive, means and result of the commission of the criminal defendant in one year of imprisonment, and two years of suspended sentence;

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