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(영문) 제주지방법원 2015.10.22 2015고합124
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 16:30 on June 13, 2015, the Defendant, a juvenile, who was able to repair clothes in D’s operation of the Defendant at Seopopopo City, was forced to take the part of the victim himself/herself into the laundry site and take the part of the victim into the inside of the laundry site, and forced the victim to take the part of the laundry and take the part of the victim into the inside of the laundry site, and forced the victim to take the part of the laundry, and to take the Defendant’s laundry into the victim’s face, and forced the victim to take part in the victim’s face, and to take part in the Defendant’s laundry with abnormal sound.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Statement recorded CDs with E;

1. Application of the Act and subordinate statutes on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion);

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

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

1. Where a conviction on the instant criminal facts is finalized, the Defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to Article 43(1) of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. Application of the sentencing guidelines [Determination of the type] general standards for sex crimes (subject to the age of 13 or older) and type 2 (subject to the juvenile indecent act by compulsion) [the scope of the recommended field and the recommended type] basic area, from August to April of a year, from August of a year to April of a year [the scope of the corrected recommended type].

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