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(영문) 부산지방법원 2014.07.25 2014고합225
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 March 28, 2014, around 15:30 on March 28, 2014, the Defendant walked out the stairs from the second floor of the “D Hospital” building located in the Yagu, Busan to the first floor, and discovered the victim E (the age of 14) who walked out the stairs from the first floor to the second floor, and laid down the hand under the bottom of the victim’s school uniforms, and led the victim’s am and her ambane.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each report on investigation (suspects specific Acts and subordinate statutes);

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 consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 49(1)1 and (3), the main sentence of Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 1 year to 15 years of imprisonment [the range of applicable sentences] sexual crimes, general standards, crimes of indecent act by compulsion (subject to 13 years or more of age), and cases where the exercise of tangible power is considerably weak (special-presidential persons] [the general-presidential persons] (the general-presidential persons), serious reflects, no history of criminal punishment, and no history of criminal punishment, (a) cases of crimes against juveniles [the scope of recommended sentences] from 1 year to 2 years (the scope of punishment), and the upper and lower limit of the scope of sentence applicable to the "indecent act by force by force by blood" is considered as 2/3) [the grounds for mitigation].

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