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(영문) 서울중앙지방법원 2016.01.15 2015고합1075
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The punishment of the accused shall be one year;

2.Provided, That the foregoing shall not apply for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant, at around 20:30, 2015, was frightened by the victim E (one’s name, one’s age, 17) who was seated next to the bus stops located in Dongjak-gu Seoul Metropolitan Government, and knee of the Defendant, knee of the Defendant, and she was frightened by the Defendant who tried to get out of the Defendant’s sound called “non-life,” and she committed an indecent act by force by deceiving the victim’s chest and frighting the hand through the confluence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. 112 Notification to a department related to reporting;

1. Application of Acts and subordinate statutes to report on investigation (F telephone investigation for witnesses);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under 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 within the applicable range;

2. Scope of punishment recommended;

(a) Determination of types: Crimes of forced indecent acts under the general standards (subject to at least 13 years of age) and Class 2 (Indecent acts by force, such as forced indecent acts by blood or intrusion into residence, etc. / Special compulsory indecent acts by blood);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: One year and eight months to three years and four months (the lowest limit of sentence and the upper limit shall be reduced to two-thirds, respectively, since it is an indecent act by force of a juvenile);

3. The Defendant, on the grounds of personal complaints, committed an indecent act on the part of a juvenile who does not have any awareness at a public place.

The mental shock of the victim is very large, and the victim is seeking a strict punishment of the defendant.

This is an unfavorable circumstance.

Defendant is in profoundly against his will.

There is no history of criminal punishment that exceeds a fine, and there is also a fact that another sex crime has been committed before.

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