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(영문) 수원지방법원 안산지원 2015.08.07 2015고합66
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 13:00 on February 5, 2015, the Defendant found the victim D (14 years old) who passed around the Suwon-gu C, Suwon-si, and tried to use the victim as her hand, and kid the victim's chest with his left hand in the event of mental illness, such as behavioral disorder, shock disorder, and shock disorder.

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

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes of D;

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;

2. Legal mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

4. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The reason for sentencing in light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant seems to have committed the instant crime in a state of mental disorder; (b) the fact that there is no record of punishment due to sex offense; and (c) the defendant’s age, character and conduct, environment, family relationship, etc.; and (d) the benefits and preventive effects expected by an order to disclose or notify the registered information to the defendant and the disadvantages and side effects of such order are compared, the defendant’s personal information

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

2. Scope of the recommended sentencing criteria; and

(a) Determinations of types: sex crime group - general standards - the crime of indecent act by compulsion (subject to at least 13 years of age) - Type 2;

(b) Special supporters:

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