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(영문) 청주지방법원 충주지원 2015.11.26 2015고합36
미성년자의제강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 19, 2015, at around 17:00, the Defendant committed an indecent act against the victim who is a minor under 13 years of age by reporting the victim D (8) who intends to go to Taekwondo private teaching institutes located on the second floor of the said building in the voice-gun C building, and by drinking the victim with the intent to commit an indecent act against the victim, and allowing the victim to talk with his sexual organ above the victim, and allowing the victim to talk with his sexual organ, and considering the victim’s sexual organ, the Defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each video recording CD-related statute;

1. Relevant Articles of the Criminal Act and Articles 305 and 298 of the Criminal Act concerning the crimes;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [In full view of the Defendant’s age, occupation, environment, social relationship, previous convictions, criminal records, the circumstances after the commission of the instant crime, the effectiveness of preventing sexual crimes expected to be disclosed and notified, the Defendant’s disadvantage and anticipated side effects, etc., which are recognized as recorded in the record, should not be disclosed and notified of the Defendant’s personal information] of a conviction against the Defendant on the criminal facts subject to registration of personal information is finalized, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, since the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Eight months to two years from the date of imprisonment with prison labor for a sex crime subject to the age of 13 which falls under the scope of recommended punishment according to the sentencing guidelines (decision of type). There is no person who is a special person [the scope of recommended punishment] under the category of one (special person by force).

3. Determination of sentence;

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