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(영문) 대구지방법원 2015.01.09 2014고합565
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 21, 2014, around 21:50 on Jinju-si, the Defendant demanded the victim E (the age of 17) to provide information on a toilet in Jinju-si, the Defendant committed an indecent act by force against the victim, who is a juvenile, by using a computer. In addition, the Defendant’s sexual organ in a toilet, taken out the Defendant’s sexual organ in a toilet, and putting the victim into mind, and putting the victim into force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a judgment of this case becomes final and conclusive in relation to the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a competent agency

Reasons for sentencing

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

2. Reduction elements of types II (special multiple-class reduction elements): In cases where the exercise of tangible force is considerably weak (the determination of the recommended field and the scope of recommending punishment), reduction area, one year or two years; and

3. The crime of this case in which the defendant committed an indecent act by force against a juvenile who was first committed by the defendant, and the nature and circumstances of the crime are not good, and due to the instant case, the victim has a considerable sense of sexual humiliation.

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