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(영문) 대구지방법원 2014.07.11 2014고합172
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 March 15, 2014, around 12:40 on March 15, 2014, the Defendant: (a) directed the victim E (the 15-year-old age) who entered a customer to a place where the victim was living with the awareness of being able to force by force; and (b) led the victim to a place where the victim was living with the awareness of being able to force by force by force by force by force by force by force by the Defendant, who is working as an employee, two times or more with the left hand of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on CCTV images;

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 relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a competent agency pursuant to Article 43 of the same

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The range of recommended punishment according to the sentencing guidelines [the determination of a type of punishment] the general standard of sexual crime (the target of 13 years of age or older) and the crime of indecent act by compulsion by force (the act of indecent act by compulsion by juveniles): Where the exercise of tangible power is considerably weak, where the degree of indecent act is weak [the scope of the recommended area and the recommended range] special mitigation area, six months to two years [the suspension of execution of sentence]:

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