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(영문) 대전지방법원 홍성지원 2014.07.24 2014고합47
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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 May 25, 2014, around 08:30 on May 25, 2014, the Defendant, at the home of the victim D (Woo, 16 years of age) located in Chungcheongnam-nam Budget Group C, had a mind to force indecent acts by the victim, and had the victim's chest with the victim's own hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile in a state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing of a child or juvenile exempted from disclosure disclosure order under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, occupation, family environment, social relationship, previous conviction, and degree of risk of recidivism (no criminal records of the same kind), and profits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, it is deemed that there are special circumstances that may not disclose or notify the defendant's personal information.]

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines (including the determination of type), sex crimes, general standards, the crimes of indecent act by force (subject to the age of 13) and the two types (including the indecent act by force, such as indecent act by force, dwelling intrusion, etc. by blood relation, special indecent act by force) are included in the type 2.

[Special Edifications] Reductions: The degree of indecent act is weak.

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