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(영문) 전주지방법원 2014.09.25 2014고합153
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

On January 16, 2014, at around 19:26, the Defendant committed an indecent act on the part of the Defendant: (a) placed her hand in the following side of the victim C (V, 16 years of age) who gets on and off the subway 3 lines in the Seocho-gu Seoul, Seocho-gu distribution Dong, in the direction of locking the high-speed terminal station; and (b) placed her hand on the bridge between them; and (c) her her her her her bbb in the manner of raising her her bbbb

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (crime status, route of movement of suspects, etc.);

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 (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the same Act (as recorded in the record, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record, and the risk of recidivism; (b) profits and preventive effects expected by the disclosure order or notification order of this case; and (c) disadvantages and side effects therefrom; and (d) the Defendant who has registered personal information of this case shall not disclose or notify the Defendant’s personal information of this case as a person subject to registration of personal information pursuant to Article 42(1) of the same Act

Reasons for sentencing

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

2. The range of recommendations according to the sentencing criteria (decision of type), sex crime group, general standards, and the scope of recommendations.

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