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(영문) 의정부지방법원 2013.11.08 2013고합397
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Around 15:30 on April 2, 2012, the Defendant: (a) sent a phone call to the victim D (n, 16 years of age) residing in the same apartment at his own house located in Macheon-si C Apartment 102 1203 and 1203; (b) made the victim be forced to get off his house to get off his house and directly input mobile phone numbers; (c) made the victim be forced to get off his house to cut off his house; and (d) made the victim be waiting in his house; (d) kid the victim’s hand room to be fright up on the part of the victim who was seated in the bed and TV reporting on TV; and (e) continued to buck the victim’s buck in the bed of the victim; and (e) putting the victim’s hand to the victim’s hand; and (e) putting the victim’s hand into the victim’s hand and her chest into the victim’s hand, thereby committing indecent act by force for 15 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement made in D contained in a video CD;

1. Application of Acts and subordinate statutes to photographs of generated places;

1. Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012);

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

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

1. Reasons for sentencing in light of 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 exempted from disclosure and notification orders (where there are special circumstances that may not disclose or notify the personal information of the accused in light of the motive and method of the crime, the age, and working environment of the accused, etc. in consideration of the fact that the accused has no record of

1. The scope of applicable sentences: Imprisonment for one year to 30 years; and

2. The range of recommended sentences according to the sentencing guidelines (decision of type), sex crimes, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), and the threat of juvenile force in Type 2.

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