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(영문) 대구지방법원 2014.05.09 2014고합32
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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

1. On September 12, 2013, around 02:00 on September 12, 2013, the Defendant committed the crime against the victim C, placed his hand in the clothes of the victim C (the 13-year old age), who was diving before the E convenience store located in Sinsan-si, and was able to stop in the front of the E convenience store in Sinsan-si.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

2. On September 15, 2013, the Defendant, who committed the crime against the Victim F, was divingd at the head of a vehicle inside the same vehicle as the above paragraph 1 at the same location as the victim F (n, 15 years of age), was able to put his hand in the clothes of the victim F (n, 15 years of age) and her chest, was knife due to his finger, and the victim was knife due to his finger, and the victim was knife and her finger was knife by inserting his hand into the part of the victim.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of the concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among the concurrent crimes (an aggravated punishment of concurrent crimes with punishment as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which has a heavier punishment);

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. Grounds for sentencing under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a year to June 22;

2. Scope of recommended sentences according to the sentencing criteria;

A. Each of the crimes of this case [the determination of types] the general criteria for the crime of indecent act by force (including indecent act by force or force) by juveniles (including indecent act by force or force), - mitigated factors: where the exercise of tangible force is weak [the scope of recommending punishment] from 1 year to 2 years (the scope of mitigation) by imprisonment, - mitigated factors: mitigation factors.

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