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(영문) 대구지방법원 2014.11.14 2014고합275
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 May 20, 2014, the Defendant: (a) committed indecent act by force on the part of the victim C (at the age of 15) who had met through mobile phone hosting 17-gil-ro 58, Daegu-gu, Daegu-gu, Daegu-gu, 19:30 on the ground that he was aware that the victim C (at the age of 15) was of disregarding the Defendant’s appearance, etc., by drinking the victim’s mind to force indecent act by force; (b) went the victim on his hand over the pushed floor; and (c) went the victim’s clothes of the other victim on the part of the Defendant, who was 19 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 5, 7).

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. 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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of a type] - Type 2 (Special Edecent Act by Indecent Act by Compulsionment by Juveniles): Punishment not for the sake of reduction [the scope of the recommended area and the recommended punishment] - year from one year to two years [the general person] mitigation element - There is no record of serious reflection or criminal punishment / The main reason for the commission of a crime: positive (where the degree of indecent act in an indecent act is weak in the context of an indecent act, it shall not be punishable), positive (where the degree of punishment is weak in the course of an indecent act, it shall not be punishable) - General reason for the commission of indecent act by compulsion: positive (where there is no previous crime and there is no criminal record above the suspension of execution, social relation is clear, contingent crime, serious reflectment).

3. The crime of this case in which the defendant committed an indecent act against a female juvenile first committed by force, and the nature of the crime is not good.

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