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(영문) 수원지방법원 2012.12.21 2012고합904
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 15:20 on September 19, 2012, the Defendant had the mind that the victim D (V) play in the vicinity of the Yongsan-si C apartment playground and had the victim committed indecent act by force.

The Defendant: (a) laid the victim’s human body in the vicinity of the victim’s soften, followed the type of the victim’s shoulder, and took the victim’s shoulder; and (b) took the victim’s part in the victim’s hand, led the victim to an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes as to investigation reports, accusation reports, stenographic records, investigation reports (Attachment to the statement of a victim), field photographs, investigation reports (with respect to the statements made by the G witness), child victims investigation reports, investigation reports, investigation reports (subject to the direction of the prosecutor), investigation reports (report on measures related to prosecution reports), resident registration reports (report on measures related to prosecution reports), resident registration reports;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders (based on each evidence in the market, it is recognized that the Defendant, according to each of the evidence in the market, had the ability to discern things or make decisions due to brain disease, etc. at the time of committing the instant crime)

1. Article 13 (1) and (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 are 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. Imprisonment with prison labor for not less than six months but not more than fifteen years;

2. The application of the sentencing guidelines [the type of crime] group, general standards, sex offenses subject to the age of 13, and the use of deceptive force, which is not a threat or threat (special sponsor) in the third category (special sponsor) [the scope of recommendations] mitigation area, two years and six months.

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