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(영문) 전주지방법원 정읍지원 2013.12.18 2013고합53
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 August 19, 2013, around 18:38, the Defendant, at the D convenience store located in Jung-gu, Jung-gu, Jung-gu, Dong-gu, 2013, the Defendant, “I wish to engage in bad, and I wish to engage in an aid task once,” refers to “I want to engage in an indecent act against the victim’s employee E (the age of 15) and “I want to engage in an aid task,” and continued to write and tamp the victim’s hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to a investigative report (explication ofCCTV photographs and materials);

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which stipulate the applicable legal provisions and the choice of punishment for the crime;

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

1. Exemption from disclosure orders and notification orders under Article 21(2) and the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) comprehensively taking account of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism (no sex crime record), profits and preventive effects expected by the disclosure orders or notification orders of this case, and disadvantages and side effects therefrom, it is determined that there is a special circumstance that may not disclose and notify the Defendant’s personal information (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). The reason for sentencing [the scope of applicable sentences under law] The reason for sentencing [decision of types of punishment] 1 to 15 years [the general standards for indecent acts against sexual crimes, the crime of indecent acts (the subject of 13 years or more), the subject of special punishment / [the degree of indecent acts against a person who committed an indecent act against whom a punishment of imprisonment is mitigated]

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