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(영문) 의정부지방법원 2013.07.23 2013고합224
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

Criminal facts

On September 22, 2013, around 22:00, the Defendant, at the home of the Defendant located in Namyang-si, C, 401(D), and the victim E (15 years old), and the victim F (15 years old) stayed in the Defendant’s home, the Defendant committed indecent act by force by force by force the victims of the victim’s chest by using a knife, leading the victims to the body of the victim E, leading the victims to the knife, leading the victims to the body of the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning the relevant criminal facts and the selection of punishment

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravated punishment for concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims F with heavy circumstances);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

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

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who were ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Basic crimes, concurrent crimes - Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Punishment] Sex Offenses, General Standards, Crimes of Indecent Act by Compulsion (subject to 13 years of age or older), and Two types (Special Indecent Act by Indecent Acts by Juveniles): Reduction element: Where the degree of indecent acts is weak [the scope of recommending area and recommending punishment] mitigation range], reduction range of imprisonment or recommendation range, juvenile indecent acts by compulsion between September and June, shall be included in the category two, but the upper and lower limits of sentence shall be reduced to 1/2.

B. Nine months to two years of imprisonment with prison labor for multiple crimes.

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