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(영문) 인천지방법원 2014.03.20 2013고합887
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 October 16, 2013, at around 17:45, the Defendant committed an indecent act by force against the victim C (V, 16 years of age) who is a juvenile who waits for the friendship in the subway 2-line forest station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 extenuating circumstances among the reasons for sentencing);

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

1. In cases where a conviction of a sexual crime subject to the registration of personal information of this case, which constitutes a person subject to registration of personal information under Article 42(1) proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, becomes final and conclusive, in full view of the following: (a) the Defendant’s age, occupation, type and motive of the crime of this case; (b) the process and consequence of the crime of this case; (c) the degree of disadvantage and anticipated side effects of the Defendant’s loss due to the disclosure order or notification order; and (d) the prevention effect of the sexual crime subject to registration that may be achieved therefrom; and (c) the Defendant constitutes a person subject to registration of personal information under Article 42(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (d) the Defendant

Reasons for sentencing

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

2. Sentencing (Determination of type) sex offenses;

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