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(영문) 창원지방법원 밀양지원 2014.08.29 2014고합30
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

At around 21:30 on May 29, 2014, the Defendant: (a) reported that the Victim C (n, 15 years of age) was standing on the front road located in D in Syang-si; and (b) made the Victim D to “I am going to move to another vehicle,” and forced the Victim to commit an indecent act by force against the Victim’s will during the victim’s dwelling until the victim’s dwelling located in F A-si-si-si-si after hanging the vehicle on the T-si-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si; (c) parked the victim’s dwelling on the front road of the victim’s dwelling; and (d) parked the victim “I am to me, me, and me, me,” but the victim was aware of the victim’s body and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to CCTV photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. 1 year in prison, the scope of punishment by law, and 15 years;

2. The application of the sentencing guidelines [the range of recommending punishment] the crime of indecent act by compulsion (the act of indecent act by compulsion, etc. by relative relations, the act of indecent act by compulsion by compulsion by juveniles shall be included in the two categories, and the upper and lower limits of the range of punishment shall be reduced to 2/3) and the special mitigation area (six months of imprisonment and two years of imprisonment) [special mitigation persons] are remarkably weak in the exercise of tangible power.

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