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(영문) 인천지방법원 2015.03.27 2014고합808
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On June 30, 2014, the Defendant, around June 30, 2014, went to the victim D (the age of 13) (the age of 13) who is a juvenile seated at the bed of the Defendant’s residence under underground 3 in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, where he was seated next to the victim, and became the chest of the victim.

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. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. The range of recommendations on the sentencing guidelines [the determination of types] the general standards, the crimes of indecent act by force (subject to the age of 13 or more), and the crimes of indecent act by force (including indecent act by force, such as indecent act by force, and special indecent act by force by force by force by force by force by blood relations) and the two types (including indecent act by force by force and by force by force by force by blood relations), shall be included in the categories 2. However, where the upper and lower limit of the range of sentences are reduced to 2/3 (special-speaking person): Where the exercise of tangible power is considerably weak (general-speaked person): The mitigated factors: In cases of a crime against juveniles [the scope of recommendations] mitigated area: One year or two years;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and the crime of this case for three years of suspended execution shall be committed by indecent act against a victim who is a child or juvenile left home and stayed in his/her residence;

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