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(영문) 서울북부지방법원 2013.10.25 2013고합248
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 18, 2013, around 15:30 on July 15, 2013, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by putting the victim's fingers immediately after the lapse of the Defendant's desire to get off from the vehicle, which occurred in front of the vice governor of the Korea Electric Power Corporation, which is located in the Seocho-gu Seoul Central District, the Seoul Central District, and D (17 years old) in front of the Korea Electric Power Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and stenographic records of the victim;

1. Application of Acts and subordinate statutes to criminal offenders, voluntary reports on the same behavior, voluntary written consent, investigation report (video recording of the victim D), written confirmation of rights of the victim, written consent of the victim, written consent of the victim, written consent of the victim, written consent of the victim, written confirmation of investigative process, and video CDs;

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 criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) 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. Scope of applicable sentences under law: Fines of five million won to fifteen million won; and

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] group of sex crimes, general standards in 01.

(b) Crimes of indecent act by compulsion (subject to at least 13 years of age) and two types of indecent act by compulsion (to reduce the upper and lower limits of the scope of punishment to 2/3) (to 2/3) (the scope of recommending punishment). Imprisonment with prison labor for a year and eight months to three years;

3. The crime of this case by which the sentence of sentence is determined is that the defendant puts his hand in the bus with the body of the victim who is a juvenile.

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