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(영문) 창원지방법원 통영지원 2013.04.04 2012고합259
아동ㆍ청소년의성보호에관한법률위반(강간등)등
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 October 25, 2012, the Defendant, around 07:50 on October 25, 2012, fell to the victim C(14 years of age, women) by cutting a bridge on the alleyway in front of the Jin-gun, Sungsung-gun, Kim Jong-gun.

After that, the Defendant: (a) brought the victim’s right breast part of the victim’s right breast part of the victim’s breast part of the victim’s right breast part of the victim’s knife with the victim’s knife “Ie the victim’s knife,” and (b) brought the victim’s right breast part of the victim’s right part of the victim’s knife, and forced the victim to commit

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Where the conviction of a defendant who has registered personal information of this case under Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information of this case under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for one year - 30 years;

2. The range of recommendations on the sentencing guidelines [the determination of a type of recommendations] [the general standards, the crimes of indecent act by force (subject to 13 years of age or older), the crimes of indecent act by force (special persons): the case where the degree of indecent act is weak [the decision of the recommended field] mitigated area: Imprisonment with prison labor for September - June 1.

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