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(영문) 청주지방법원 충주지원 2018.05.10 2018고합13
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

(2) On December 13, 2017, the Defendant discovered the victim E (the age of 15) in front of the D Myeon Office located in the voice group of Chungcheongnam-gun, Chungcheongnam-gun on December 13, 2017, and the victim took the front of the elevator at around 22:05 on the same day, and the victim took the front of the elevator at around 22:05, F apartment 1***, following the victim boarding the elevator, followed by the victim boarding the elevator, and followed the victim into the elevator, and followed the victim “I saw, I saw I am after I am, and I am,” and the victim frighted, who was frighted, was frighted with the Defendant by hand, and tried to get the victim out of the open elevator.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Records of on-site CCTV photographs and CDs (elevator CCTV images);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts, Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the selective crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] the general criteria for sex offense (subject to the punishment of coercion of at least 13 years) and the type 2 (the indecent act by blood / special compulsory execution, such as forced indecent act by blood / intrusion into residence) [the person subject to special sentencing] mitigated elements: In the case where the degree of conduct is weak [the area of recommendation and the scope of the recommended punishment] mitigated area, one year and six months to three years [the scope of the corrected punishment] sentenced to one year and two years (the scope of the corrected punishment shall be included in the type 2, but the upper and lower limit of the scope of punishment shall be mitigated to 2/3).

3. Determination of sentence: Imprisonment with prison labor for a year, the defendant shall be sentenced to this case;

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