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(영문) 전주지방법원 2016.04.15 2015고합195
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 November 26, 2010, the Defendant discovered the victim E (n, 13 years of age) who was waiting for her friend in the neighboring area at the time, and led the said place to “one defect,” and continued to put the victim into a kis by force while fit for the victim’s entry, and continuously put the victim’s friend in the drafting while walking the kis, walking the kis of the victim and walking the kis in the panty in the panty line.

Accordingly, the defendant committed indecent acts against children and juveniles by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police with regard to F;

1. A reply to a request for a prior investigation;

1. Application of Acts and subordinate statutes to each investigation report (related to 112 Declarations and telephone statements);

1. Article 7(5) and (2)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) main sentence and (3) of the former Act on the Protection of Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 38(1) of the Act on the Protection of Juveniles against Sexual Abuse, who were ordered to disclose;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

A. Violation of the Act on the Protection of Children against Sexual Abuse (Indecent Act, including Fraudulent Means) [Type 2 (Indecent Act by Blood Relatives/Indecent Act/Special Forceful Act on the Protection of Juveniles against Sexual Abuse)] No. 2 (Indecent Act/Indecent Act/Special Forced Act on the Protection of Juveniles against Sexual Abuse by Blood Relatives) [the scope of a punishment recommended] mitigated area, imprisonment for one year or two years [the indecent act by Juvenile].

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