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(영문) 의정부지방법원 2015.06.10 2014고합392
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 October 7, 2014, at around 18:20, the Defendant committed an indecent act by force against the victim, who is a juvenile who gets out of stairs, on the first floor of the Cheongdo-ro 49, Mado-ro, Mado-ro, Mado-si, the Defendant committed an indecent act against the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on investigation (specific suspect), report on investigation (cases of reinforcement investigation: CCTV analysis), application of photographic Acts and subordinate statutes to the scene of crimes;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Article 21 (3) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing in light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in addition to the absence of criminal records against the defendant, it is difficult to readily conclude that the defendant has a risk of recommitting a sexual crime in light of various circumstances as stated in the following reasons for sentencing. In addition, in comparison with the profits and preventive effects expected by an order to disclose or notify information, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or

1. From one year to fifteen years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Basic area (one year and eight months to three years of imprisonment) of the second category of the crime of indecent act by force (subject to the age of 13 or more) in the range of recommended punishment according to the sentencing guidelines;

3. The crime of this case with the sentence of sentence is committed by the defendant who committed an indecent act by deceiving the chest of the victim who is a juvenile with a fluorous mind.

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