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(영문) 수원지방법원여주지원 2020.11.26 2020고합78
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On June 3, 2020, at around 17:50 on June 3, 2020, the Defendant was seated next to the victim D (the age of 13) who is a child or juvenile and her refusal to take a seat, and she used the part of the victim's buckbucks on his/her own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the CCTV to this Act by cutting down the CCTV incident;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

2. Reduction elements of indecent acts by force, such as indecent acts by force, by blood relatives, etc. [the category 2] and by force, by force, by special indecent acts by force, etc. [the scope of recommendations and recommendations] special mitigation areas, six months to two years [the scope of deceptive acts by force, including deceptive acts by force, shall be included in two types] according to the sentencing guidelines (the range of recommendations and recommendations), but the upper and lower limits of the sentencing range shall be mitigated to 2/3] [the range of recommendations corrected according to the sentencing guidelines] from one year to two years (the lowest limits of the sentencing range recommended by the sentencing guidelines are inconsistent with the lower limits of the applicable sentences under law, so the lower limits of the applicable sentencing range are inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for one year and three years of suspended sentence shall be as follows:

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