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(영문) 수원지방법원 2014.08.12 2014고합279
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

At around 07:00 on January 7, 2014, the Defendant drinking the victim C(13 years of age) in the water station located in Suwon-si, Suwon-si, Suwon-si, 1, the Defendant got the victim into the waste house located in Suwon-si, the Defendant 1, who was able to commit indecent act by force, and the Defendant Dad, “I am within the police station, which reduces the rent to be coming to the house at night, and I am. I am.” The Defendant knife the victim’s hand, and knife the victim’s hand, who was 500 meters away from the above water station, and went to the victim as the waste house located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

The Defendant posted the victim in the above place with the wall, and obstructed the victim's front front, and her tamp with his her traw, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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. 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 Article 62-2 of the Criminal Act and the main sentence of Article 21 (2) 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 for a prison labor within the scope of punishment by law;

2. Application of the sentencing guidelines [Determination of types] general standards for the crime of indecent act by compulsion (subject to the age of 13 or older) and the second category [Special Mitigation] and non-exclusive reduction area of punishment (the scope of the recommending area and the recommended range): Imprisonment with prison labor for one year to two years;

3. The crime of this case, which was determined to be sentenced, is adequate for the Defendant to take the male students of 13 years of age into the place of her, and commits an indecent act by her marb, etc., in view of the method of crime by which the crime was committed, and the victim of this case is deemed to have suffered a considerable sense of sexual humiliation due to this case’s crime, and thus, the punishment corresponding to the Defendant’s liability is required.

However, the defendant has led to his/her criminal act, and his/her mistake is divided, and the victim is the victim.

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