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(영문) 수원지방법원 평택지원 2015.09.16 2015고합82
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The defendant is the security guard of Pyeongtaek-si apartment.

On April 14, 2015, at around 17:18, the Defendant entered the victim D (the 12-year age), which passed ahead of the said C Apartment Guard room, into the guard room, and brought the victim’s hump by hand, and hump hump bump bump bump bump bump bump bump bump bump bump bump bump bum

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement made by a victim E in a stenography E;

1. Written statements and written statements of complaints filed;

1. Each investigation report prepared by the police, and each entry of the departments related to the report of the 112 case;

1. Statement of investigation report (on-site visit investigation) by police officers and images (including accompanying photographs);

1. Application of Acts and subordinate statutes to include an expert opinion on sexual assault incidents against children with disabilities prepared by a F expert in the statement investigation and analysis of persons with disabilities against sexual assault;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

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. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and subparagraph 2 (a) of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The main sentence of Article 49(1)1, (2), and (3), the main sentence of Article 50(1), Article 50(4), Article 2 subparag. 3, and Article 2 subparag. 2(a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 7 of the Act on the Lapse of Punishment, etc. of Specific Crimes [the scope of applicable sentences under law] for a period of one year to 15 years [the decision of types] [the decision of punishment] for a sex crime, general standards, and the crime of indecent act by compulsion (the object of 13 years old or older) at the time of the crime in this case, the victim was 12 years old. However, the prosecutor stated that the defendant was aware of the fact that the victim was in the first year of middle school, and the victim became 13 years old after the date of the crime in this case.

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