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(영문) 수원지방법원 여주지원 2012.11.29 2012고합182
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

Criminal facts

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person who has served as the security guard of the Do apartment in Echeon-si where the victim C (the age of 15) resides.

On August 21, 2012, around 17:00 on August 21, 2012, the Defendant: (a) sent the victim’s her maret with her maret at the guard room of the above apartment, and (b) told the victim to commit an indecent act by inducing the victim to the underground room of the above apartment; and (c) called the victim as her 102 mare in accordance with the underground room

Since then, at the above apartment 102 underground room, the defendant believed the defendant who had worked as an apartment security guard for a long time and had the victim sited in the bed room without any doubt, and then, he was forced to commit an indecent act by force against the victim, who was a juvenile, by driving the victim's shoulder on one hand, and by driving the victim's chest and a part of the other hand.

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;

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. Scope of applicable sentences by law: Imprisonment for not less than one year;

2. Sentencing criteria: Imprisonment with prison labor for a sex crime from April to June, general standards, the crime of indecent act by compulsion (subject to the age of 13 or more), juvenile indecent act by compulsion, special adjusted mitigation area (where the degree of indecent act is weak, cases where the degree of indecent act is used ( mitigated factors), punishment is not permissible, and victims who are vulnerable to the crime (aggravated factor).

3. The defendant has no record of criminal punishment prior to the instant judgment, and his mistake.

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