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(영문) 수원지방법원 2014.08.28 2014고합101
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 13, 2014, at around 01:30, the Defendant offered to the victim C (here, 17 years of age) who was drunk while smoking in the area near the Suwon Station located in Suwon-si, Suwon-si, that she would buy a breabed tobacco, thereby bringing the victim to the near restaurant.

At around 02:00 on the same day, the Defendant was able to come up with the victim in the “E” restaurant located in Suwon-si, Suwon-si, where the Defendant 200 drinking alcohol and boomed with the victim, and her sexual desire was brought up to the victim, and her fingerd with the victim, and her fingerd into the panty, and her fingerd into the panty.

Accordingly, the defendant committed an indecent act against children and juveniles by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 6,8);

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 crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 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. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

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

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

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] general standard and the range of the recommended punishment compared with that of the person who has no lower limit of the punishment and the upper limit of the punishment (including any fraudulent or sexual harassment in a deceptive scheme or personal force) on the grounds that the basic area (including one year and August through three years), such as the crime of indecent act by force (the indecent act by force, such as the indecent act by force, by force on residence, etc. by relatives) is the basic area (including the indecent act by force and by force on the part of every year and every three years) of the crimes of indecent act by force on the basis of the sentencing guidelines: One year and August to April;

3. The instant crime of this case, which was sentenced to sentence, induces the victim, who was a juvenile who had no awareness of being sentenced to punishment, to buy a boomed crime.

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