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(영문) 창원지방법원 2014.02.13 2013고합322
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

Criminal facts

On August 25, 2013, at around 14:00, the Defendant committed an indecent act by force against the victim by entering the above house in order to see whether the victim D (Woo, 14 years of age) who lives in the neighboring house came to the house in the Defendant’s house in order to see whether the victim D (Woo, 14 years of age) is a stronger in the Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to police statements made to victims;

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

5. In full view of the following facts: (a) 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 (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles Exempted from disclosure and notification order; (b) the fact that the defendant has no criminal record of the same kind to the defendant; (c) the defendant's mistake and reflects his/her misunderstanding; and (d) the defendant's age and working environment cannot be deemed to pose a serious risk of recommitting a sexual crime; and (d) the defendant who has registered personal information is finally convicted of his/her conviction on the crime of this case, as a person subject to registration of personal information pursuant to Article 4

Reasons for sentencing

1. One year to fifteen years of imprisonment with prison labor within the applicable range;

2. Application of the sentencing guidelines [decision of type] sex crimes, general standards. Crimes of indecent act by compulsion (subject to the age of 13 or older). In the event that the exercise of physical force of juvenile indecent act by compulsion (special mitigation factors) is considerably weak, the penalty is not imposed (decision of the recommended area).

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