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(영문) 광주지방법원 2016.12.02 2016고합327
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 21, 2016, at around 08:02, the Defendant discovered the victim G (or 14 years of age) from the D E company F bus in the Seo-gu Seoul metropolitan area and attempted to force indecent acts by force. On June 21, 2016, the Defendant her bus knife with the victim's damages by approaching the victim and the left hand knife with the victim's mbbbbbbbbbbs.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the video cream cream of the E companyF bus);

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 select the relevant criminal facts and 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Reasons for sentencing in light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including that there is no history of any sexual crime against the accused, and the extent and expected side effects of the accused’s disadvantage due to an order to disclose or notify information, the effects on the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effects on the protection of victims from sexual crimes subject to registration, etc.), etc.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [Determination of types] general standards for sex crimes (subject to the age of 13 or more) and the crime of indecent act by force (Indecent act, such as indecent act by force, living intrusion, etc. by relatives' relation] (Specially imprisoned person] mitigation elements: Juvenile.

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