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(영문) 전주지방법원 군산지원 2014.12.19 2014고합187
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against the victim, on the following grounds: (a) around 16:15, the Defendant: (b) placed the victim’s left chest on the part of the victim D (in women, 13 years old); (c) took the victim’s desire to do so; and (d) committed an indecent act by force on the part of the juvenile.

2. On July 22, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under the age of 13) committed an indecent act by force against the victim E (a woman, 12 years of age) who was under 13 years of age by putting the victim’s right chest on the left hand, following the Defendant’s desire to commit himself/herself at around 16:20, the Defendant committed an indecent act by force on the part of the victim E (a woman, 12 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Where a guilty verdict is issued on each of the criminal facts described in the judgment against the accused as to whether to issue an order for disclosure or notification of personal information registration under Article 21(2) and the main sentence of Article 21(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction is finalized on each of the criminal facts of this case, which are sex offenses subject to registration), the order for disclosure or notification under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse is also issued.

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