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(영문) 대전지방법원 천안지원 2018.12.19 2018고합155
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 23, 2018, around 13:48 on June 23, 2018, the Defendant: (a) reported maju to the victim E (the name, the age of 16) who was walking along the crosswalk in front of Dong-gu C, Nam-gu, south-gu; (b) committed an indecent act by force against the victim on the victim’s left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes to a crime photograph (ctv course)

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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. Grounds for sentencing under the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria [types] The crimes of forced indecent conduct (subject to 13 years or more) in the form of two types (in the case of forced indecent conduct, such as forced indecent conduct/special coercion by blood and intrusion into residence), the basic area [the scope of the recommended punishment], the standards for specification between August and April April 3: Juvenile indecent conduct (including indecent conduct by deceptive means and force) shall be included in the two types, but the upper limit and lower limit of the sentence shall be reduced to 2/3;

3. Determination of sentence: The crime of this case for one year by imprisonment shall be deemed to have committed an indecent act by disregarding the part of the sound part of a juvenile who had been on the way of the defendant, and the nature of the crime shall be bad;

The victim seems to have frightend and fright mental impulses, and the defendant did not agree with the victim or receive the letter from the victim.

On November 3, 2017, the Defendant was walking in opposite directions.

“Indecent conduct by putting on the part of the victim of 17 years of age the body part of the crime,” is sentenced to a fine of seven million won due to criminal facts, and the judgment on May 10, 2018.

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