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(영문) 수원지방법원 안산지원 2014.08.22 2014고합193
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 15, 2014, at 12:57, the Defendant followed the victim B (n't, 18 years of age) in the luminous 7-ray Station of subway No. 158-188, the U.S. P., the Defendant sent the face to the exit stairs No. 6, and changed the cre in the face under the math of other victims.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

2. Application of B’s written laws and regulations

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on probation and community service order;

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

6. Grounds for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify registered information.

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determinations of types: Sex offense group - Crimes of indecent act by compulsion of general standards (subject to at least 13 years of age) - Type 2;

(b) Special penal persons: Where the degree of indecent conduct is weak;

(c) Scope of recommending punishment: One year to two years of imprisonment (the mitigation area, juvenile indecent act by compulsion shall be included in the above two types, and the minimum and maximum (one year and six months) within the scope of sentence shall be mitigated to 2/3, respectively);

3. Criteria for suspension of execution;

(a) Major reasons for participation: Where the degree of an indecent act is weak (a).

(b) Reasons for general participation: None; and

4. In this case, the defendant's judgment of sentence is an indecent act by force against the victim by checking the face under the body of the victim who followed the victim who was frighten in the subway station, and cutting the body of the victim.

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