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(영문) 서울북부지방법원 2013.04.05 2013고합50
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

A defendant shall be punished by imprisonment for one year.

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Punishment of the crime

On February 3, 2013, at around 02:55 on February 3, 2013, the Defendant: (a) reported that the victim E (the 15-year old) who is a child or juvenile was in the state of being unable to resist due to deep diving; (b) taken advantage of the fact that the victim E (the 15-year old age) was in the state of being unable to resist; (c) taken advantage of the victim’s bridge between the locked and the victim’s bridge, the Defendant frighted the victim’s left side buck, and frighted the victim’s buck with the left hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 29 and 298 of the Criminal Act concerning criminal facts;

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

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse. As such, the defendant alleged that he/she was in a state of mental disorder by drinking alcohol at the time of committing the crime of this case, the records show that the defendant had drinking at the time of committing the crime of this case, but it is recognized that the defendant had drinking at the time of committing the crime of this case, and considering all the circumstances such as the details and contents of the crime of this case, and the defendant's act before and after the crime of this case, it cannot be deemed that the defendant had lacking the ability

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 30 years;

2. The range of recommended sentences according to the sentencing guidelines [decision of type] sexual crime group, general standards, crime of indecent act by compulsion (subject to 13 years of age or older).

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