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(영문) 창원지방법원 밀양지원 2013.06.21 2013고합14
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Punishment of the crime

On February 26, 2013, around 17:55, the Defendant: (a) committed an indecent act by force on the cell phone agents located on the roadside side of the victim F, with the victim’s amblock (n, 17 years old); (b) one time the victim G (n, 17 years old) amblock in the victim’s amblock (n, ambl, ambl), one time the victim’s amblock in the amblock; and (c) committed an indecent act by force on the part of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. A report on investigation;

1. Application of Acts and subordinate statutes on the site and reproduction of photographs;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction of a defendant who has registered personal information under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive on the crime of this case, which is a sex offense against a child or juvenile, the defendant is subject to registration of personal information under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to a competent agency pursuant to Article 34

The reason for sentencing [Scope of the punishment by law] 1 year of imprisonment - 45 years [Application of the sentencing guidelines] / [Basic Crimes] : The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims F: the sexual crime group, general standards, the crime of indecent act by compulsion against persons aged 13 or older, the crime of indecent act by compulsion against persons aged 13 or more, the special aggravation factors (victims vulnerable to criminal conduct), the scope of recommendations for special mitigation factors (in cases where the degree of indecent act is weak, it shall not be punishable):

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