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(영문) 대전지방법원 논산지원 2013.10.16 2013고합30
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 June 4, 2013, at around 00:30, the Defendant parked at D elementary schools located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, 2013, and 2-3 seconds of the Victim F (the age of 17), a juvenile, who was aware of the smartphone hosting, were flicked to commit an indecent act by force. On June 4, 2013, the Defendant forced the victim to have the victim flick on the back seat of the said vehicle, and forced him to have the victim flick up to 4-5 feet, buckbucks of the victim, 2-3 times, and 2-3 seconds of the victim.

At around 00:45 on the same day, the Defendant continued to drive the said car in the direction of the H box located in Chungcheongnam-gun G at the above D Elementary School, and continued to drive the victim's chest on three occasions by one hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (whether a crime is involved);

1. Application of the statutes governing recording and Kakakao Stockholm communications

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act, the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

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

1. Grounds for sentencing under Article 38 (1) 1 and the main sentence of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. Application of the sentencing criteria [Determination of type] The general standard for sexual crime committed by indecent act by compulsion (subject to the age of 13 or more) by indecent act by indecent act by compulsion by juveniles (subject to the age of 13 or more shall be included in the category two, but the upper and lower limits of the scope of sentence shall be mitigated to 2/3) - The mitigated element shall be punished [Determination of the recommended range] mitigated range of punishment [Recommendation range].

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