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(영문) 광주지방법원 2015.01.16 2014고합476
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 July 26, 2014, the Defendant committed an indecent act against the victim, who is a child or juvenile, on July 26, 2014, 205:00 Gwangju Mine 206 dong 1904, the victim D (the victim, hereinafter referred to as "victim") who was unable to resist due to locking in the dwelling space of the victim D (the victim, 16 years of age, hereinafter referred to as "the victim"), such as holding the victim's chest in his/her hands and leaving bucks and her bucks

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Application of the Acts and subordinate statutes governing statements made in relation to D and E prepared by the assistant judicial police officer;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), there is no record of criminal punishment, and there is no family relation between the defendant and his/her family member, clearly the defendant's age, character and conduct, means and result of the crime, the risk of recidivism is not high

1. Review of the reasoning for sentencing under Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Order”) and records, the following facts can be acknowledged.

1. The defendant and the victim caused the occurrence of the crime and the omission of the defendant and the victim are similar to each other, and the victim frequently dynasty was sent to each other in close relation with each other.

The defendant was somewhat of in-depth nature, and the victim's body was temporarily impaired due to sexual intercourses without experience.

2. The circumstances after crimes;

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