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(영문) 대구지방법원 포항지원 2018.09.06 2018고합61
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 15:40 on April 4, 2018, the Defendant purchased goods from the convenience store in North-gu C at the port and returned to the house. The Defendant reported about 300 meters of the victim E (the name, the 17-year age) and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photograph CCTV images and CCTV images by capturing them;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to disclosure or notification;

1. Reasons for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the main sentence of Article 56 (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 15 years; and

2. Application of the sentencing guidelines [Scope of the recommended punishment] General Standards: Where the exercise of tangible power (including any fraudulent act or indecent act by force or force by force) is considerably weak in the mitigation area (one year to two years). Second types of indecent act by force (subject to at least 13 years of age) (involuntary indecent act, such as forced indecent act by blood or intrusion into residence, etc.).

3. Circumstances favorable to the decision of sentence: The defendant recognized the crime of this case and repented his mistake.

The type of defendant's use of the victim is not strong.

The defendant has a intellectual disability of grade 2, and is currently being hospitalized in a mental hospital.

Unfavorable circumstances:

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