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(영문) 수원지방법원 2013.09.26 2013고합476
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a suspended sentence of six months at the Suwon District Court on February 24, 2012 by committing quasi-indecent act, and the judgment became final and conclusive on March 3, 2012, and is currently under suspended execution.

【Criminal Facts】

On July 12, 2013, at around 19:30 on July 12, 2013, the Defendant, who was seated in the back seat of D metropolitan buses in Yongsan-gu Seoul Metropolitan Government, was taking the mind that the Defendant would cause indecent act by compulsion by force.

The Defendant laid his knee knebbbbbs one time to leave the victim's bridge so that the victim's bridge can be taken, and even though the victim expressed his intention of refusal, the victim continued to collect his kbbbbbbs in twice the victim's knebbbbbbs by inserting his kne on the part of the victim, and committing an indecent act against the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each statement of E and F preparation;

1. Previouss before ruling: Application of Acts and subordinate statutes to defendants' legal statements, criminal records, investigation reports (written judgments and report on the binding of inquiry into cases);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Grounds for sentencing under Article 50 (1) 1 and (3) 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 for a prison labor within the scope of punishment by law;

2. The range of sentence according to the sentencing guidelines (determination of type), general standards, the crime of indecent act by force (subject to the age of 13 or more), and type 2 (special person by force of juveniles).

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