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(영문) 대전지방법원 천안지원 2016.05.11 2016고합50
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 07:55 on March 21, 2016, the Defendant: (a) told a victim AR (hereinafter “AR”) who was waiting for a bus for light at the front of the AP convenience store located in Nam-gu, Nam-gu, Nam-gu, Seoul, the Defendant: (b) opened a cell phone at the location where a cell phone is urgently contacted; (c) induced the victim into the alleyway; (d) induced the victim into the alleyway at around 10 meters from the convenience store; and (e) led the victim to enter the alleyway in order to find it possible to have the phone carried; and (e) committed indecent act against the victim by deceiving the victim’s sexual flag on the clothes of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of each statute on photographs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under Articles 49(1) main sentence and 50(1) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [ Determination of Type] Sex Offenses, General Standards, Crimes of Indecent Act (subject to 13 years or more), Two Types (Compulsory Indecent Act/Special Indecent Act/Special Indecent Act, such as Forced Indecent Act/Indecent Act by Relatives) / [Special mitigated Persons] The area of mitigation [the scope of recommended and recommended punishment] mitigated area, imprisonment with labor for one year or two years: Juveniles.

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