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(영문) 광주지방법원 2014.07.04 2014고합174
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 26, 2014, the Defendant: (a) placed the Defendant’s left hand in the D urban bus that passed the C market located in the Dong-gu, Gwangju Metropolitan City with a seat, and placed the Defendant’s left hand on his side seat and the left hand on the inside and the negative part of the victim E (the 17-year-old age), and committed an indecent act on the victim’s buckbuck and the negative part between about 20 minutes until the victim landed from the bus.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Application of Acts and subordinate statutes that make statements fit to the statement statement of E prepared by an assistant judicial police officer;

1. Relevant 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 option of criminal facts;

1. Article 62 (1) 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. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences by law: Imprisonment for two years to thirty years; and

2. Application of the sentencing guidelines: The basic area (the range of recommendations) of the category IV [including any person who commits a indecent act by force against juveniles (including indecent act by force or indecent act against juveniles)]] of the crime of indecent act by force (including indecent act by force against juveniles at the age of 13] on the general standards for sex offenses, shall be one year and eight months to three years (the determination of the type of punishment).

3. Determination of sentence: Imprisonment with prison labor for 2 years, suspended execution for 3 years, and ordered attendance for 80 hours; the crime of this case is committed by the Defendant for about 20 minutes consecutively with the victim’s buckbucks and drinking book for about 20 minutes, and the crime is not good in light of the object of the crime and the content of the crime; and the victim, who was aged, caused sexual humiliation due to the crime of this case.

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