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(영문) 수원지방법원 2015.02.12 2014고합709
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

The defendant is a person who operates a restaurant called C, and the victim D (n, 17 years old) is a student who operates the restaurant in the above C cafeteria.

At around 21:25 on August 25, 2014, the Defendant committed an indecent act against a juvenile, by force, such as the victim’s desire to leave the victim at the C cafeteria located in Ma in Ma in Sungsung-si, and the Defendant’s flus vehicle volume caused the victim’s desire to bucks, and the victim’s hand bucks, and the victim’s hand bucks, and the victim’s hand bucks, and the victim’s hand bucks down under the victim’s left hand and blus and blus, and “a child at a thickness singing,” by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Written statements of D;

1. A report on the occurrence of a crime and each investigation report (the sequence 8,9 of evidence lists);

1. Application of the Acts and subordinate statutes to capture a text message sent to the victim by the suspect;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the option of 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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under the main sentence of Article 21 (2) and (4) 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. A person who is not subject to punishment in the mitigated area (including a year to two-year indecent act by deceptive means or by force) of juveniles (including indecent act by indecent means or by force) according to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the general standard of the punishment;

3. In view of the fact that the crime of this case committed by the Defendant by force committed an indecent act by a female juvenile under 17 years of age, and the nature of the crime is not good, and that the victim appears to have received a considerable sense of sexual humiliation and mental impulse, the crime corresponding to the criminal liability against the Defendant.

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