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(영문) 서울중앙지방법원 2013.03.19 2012고합1735
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 09:20 on July 31, 2012, the Defendant discovered that the victim D (17 years of age) who is a juvenile was in a physical state at the second floor of the water surface room in Dongjak-gu Seoul Metropolitan Government, Seoul, and covered the victim's bat with the victim's mind to force indecent act by force, and then, covered the victim's bat with the victim's bat, with the victim's hand, as the bat of the victim's bat in the rear side, and the victim's chest and sexual organ bat with the victim's chest and sexual organ, and did not bat any resistance without the victim's body going into the victim's body. Accordingly, the Defendant continued to put the Defendant's sexual flag into the victim's resistance and the victim's resistance without entering the victim's body, and continued to put it into the victim's resistance again, and then she attempted to get the victim's batch and to put it into the victim's resistance.

Accordingly, the defendant tried to put his sexual organ into the resistance of the juvenile victim, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (6) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 13 (1) and (2) 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. Grounds for sentencing under Articles 33(1) and 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction on the facts charged in the instant case, which is a sex offense against a child or juvenile, becomes final and conclusive) of the Act on the Protection of Children and Juveniles against Sexual Abuse, for which notification is ordered;

1. Scope of applicable sentences by law: Imprisonment with prison labor for one year and six months to fifteen years (in case of attempted crimes, it is not applicable to the sentencing criteria); and

2. Determination of sentence:

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