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(영문) 대구지방법원 안동지원 2014.01.17 2013고합76
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant: (a) around 19:30 on July 2, 2013, the Defendant: (b) was a method of viewing that the Victim D (the age of 16) who is a juvenile left a knee, with a knee in the building C, operated by the Defendant in the permanent residence building B; and (c) was a method of viewing the Victim D (the age of 16) as a knee, with a kne,

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry into the records of statements;

1. Indicating an investigation report (in the face of a site and an indecent act, attaching a photo of the reproduction), and applying video-related Acts and subordinate statutes;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances):

3. Article 62 (1) of the Criminal Act ( repeatedly considering the following favorable circumstances):

4. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

6. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

7. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Reduction elements according to the sentencing guidelines: Punishment of a sex crime, general standard, crime of indecent act by compulsion (subject to 13 years of age or older), juvenile indecent act by compulsion (type 2, however, the upper and lower limits of the scope of punishment shall be mitigated by 2/3): Where the degree of indecent act is weak (the scope of recommending punishment) and the upper and lower limits of the reduction area is weak (the scope of recommending punishment): Not less than one year but not more than two years;

3. Determination of sentence: One year of imprisonment; and

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