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(영문) 대구지방법원 서부지원 2016.04.07 2015고합178
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2015, the Defendant: (a) around 17:20 on October 20, 2015, to the Victim D (Y, 15 years of age) who was a juvenile following the Daegu Seo-gu Incheon apartment 107, Seogu, Daegu-gu, Incheon-gu, Seoul-gu, Seoul-gu, 107, Da Da Da Da Da

Mosing places.

“In doing so, the victim’s grandchildren were knife with them, and rhyd the victim’s hythm with them, thereby committing an indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Investigation reports (to record images and attach recording records to victims D);

1. Application of Acts and subordinate statutes to fire-proof reports (C CCTVs);

1. Relevant 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 crime (voluntary indecent act and choice of imprisonment);

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Grounds for sentencing under the main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for not less than one year but not more than 15 years;

2. The scope of the recommended punishment [the determination of the type] the general criteria for the crime of indecent acts by force (subject to at least 13 years of age) - Where the degree of indecent acts is weak in cases where the exercise of tangible force of mitigation elements is considerably weak (the determination of the recommended area] the special mitigation area / the special mitigation area / the scope of the recommended punishment / the maximum and minimum limits of the recommended punishment shall be mitigated to 2/3 each, and the minimum limits of the recommended punishment shall be set by the applicable sentencing range);

3. Determination of sentence: One year of imprisonment and two years of suspended sentence; the crime of this case committed by the defendant by force against a minor person is deemed to have suffered considerable mental pain due to the above crime; and the defendant was unable to receive a letter from the injured person.

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