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(영문) 수원지방법원 평택지원 2014.12.03 2014고합152
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 July 2, 2014, at around 23:40 on July 2, 2014, the Defendant: (a) reported the victim E (n, 16 years of age) who talks with his/her natives, and talks with him/her; and (b) subsequently, he/she used the victim’s her her her her her her her her her her her her her her her her her her her, etc., and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement made by the police officer with respect to E, F, and G;

1. Statement of investigation report prepared by the police;

1. Application of the Act and subordinate statutes to the 112 Incident Report-Related Department prepared by the police;

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 relevant criminal facts;

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. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 2 subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the age, occupation, family environment, social ties, criminal records, and the risk of recidivism recognized as recorded in the record (no criminal records), benefits and preventive effects expected from an order to disclose or notify the personal information of the accused, and disadvantages and side effects therefrom; (b) the reason for sentencing [the scope of applicable sentences under law] the reason for sentencing [the punishment] [the grounds for determining a type] sexual crime, general standards, the crime of indecent act by force (no less than 13 years of age), and the crime of indecent act by force (no less than 13 years of age), and the reason for such order.

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