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(영문) 의정부지방법원 고양지원 2017.03.31 2017고합14
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2016, the Defendant asked the victim E (V, 15 years of age) waiting for the Mucing subway in the D station located in Puju City of Puju on November 19, 2016, “A few lives must be made” and “a defect in the victim’s 16 suicide,” “puous,”

The term "welve, such as a swelver," refers to "welver," and the victim's block was swelved five times with the floor of hand.

As such, the Defendant forcedly committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (report on the analysis of CCTV at the scene of forced indecent conduct)-related Acts and subordinate statutes;

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 the selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant is aged and has no record of sex crimes] of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has an effect to prevent recidivism to a certain extent only by registering personal information and taking lectures to treat sexual assault in this case;

Comprehensively taking account of all the circumstances, such as the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

B. Type 2 (Indecent Conduct by Blood Relatives/Special Indecent Conduct, etc. by Blood Relatives) (Indecent Conduct/Special Indecent Conduct, etc. by Blood Relatives) (Indecent Conduct/Special Indecent Conduct, etc. by Blood Relatives): Where the exercise of force is considerably weak, the degree of conduct is weak.

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