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(영문) 수원지방법원 안양지원 2016.05.13 2016고합37
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, while under the influence of alcohol, lacks the ability to discern things or make decisions, enter and put in a D convenience store located in the Gu C during the period of Ansan-si around November 3, 2015 in the state that the Defendant lacks the ability to discern things or make decisions.

During the process of purchasing vessels, the victim E (the 13 years of age) was found in the aftermath of the Defendant’s son, and the victim spawnly spawned, and the victim spawnedly spawns of the victim without resistance, and the victim spawnds knife knife knife knife knife knife knife knife knife knifs.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G Police Statements;

1. Application of the Act and subordinate statutes to the investigation report (on-site CCTV);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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. Grounds for sentencing under the main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for six months - seven years and six months;

2. Application of the sentencing guidelines [the types of decisions] sexual crimes, general standards, crime of indecent act by force (subject to at least 13 years of age), and type 2 (voluntary indecent act/special forced indecent act by blood) [the person subject to special sentencing] mitigated elements: in cases where the exercise of tangible force is considerably weak, the degree of conduct is weak [the area of recommendation and the scope of punishment] mitigated area, 1 year - 2 years (the act of indecent act by juveniles shall be included in two types, but the upper and lower limit of punishment shall be reduced to 2/3, and 2 or more special mitigations shall be reduced.

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