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(영문) 서울북부지방법원 2013.10.11 2013고합257
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant: (a) around 23:22 on July 26, 2013, around the stairs of the first floor, the Defendant: (b) she saw her female from the victim F (the 16-year age), behind the victim F (the 16-year age), she her two arms; (c) her chest was delivered to the her mother on two occasions; and (d) her was committed by force against the victim who is a child or juvenile on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes that attach one CD to the statement statement;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), Article 21 (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 30 subparagraph 2 of the Act on Probation, Etc., and Article 59 of the Act on the Protection of Children

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] group of sex crimes, general standards in 01.

(b) The mitigated element of the crime of indecent act by force (the target person aged 13 or older), the two types of indecent act by force (the determination on the recommended field), and imprisonment with prison labor for two years and six months to five years (the basic field) (the mitigation of juvenile indecent act by force): Imprisonment for one year and eight months to three years (the mitigation of juvenile indecent act by force): Aggravated factor that has no criminal history: Aggravated factor that has no criminal history: A case of a crime against a juvenile;

3. The crime of this case, which was determined to be sentenced, is committed by the victim at the latest 16 years of age, and the victim forced the victim to leave his her son back to a four-way place after his son's son's age, and the son's son's son's son's son's son's son.

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