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(영문) 의정부지방법원 고양지원 2019.04.30 2019고합13
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On September 16, 2018, the Defendant committed an indecent act for about one hour and 20 minutes by taking advantage of the victim’s failure to resist and taking advantage of the victim’s hand inside the clothes, at a soup roup Ba-gu, Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, 2018, the 5th floor C, which was accumulated on the floor of the living room, and by taking advantage of the victim’s state of being unable to resist.

Summary of Evidence

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse as well as Article 62(1) main text of Article 62(1) and Article 51 of the Criminal Act on the Suspension of Execution of Punishment of Child and Juveniles against the Child and Juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies to the defendant's legal statement D CCTV photographs and CDs investigation reports (Evidence Records No. 71, 94 of the Evidence Records), and the applicable provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 21(2) main sentence of Article 62(1) and 51 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the scope of recommendations under the sentencing guidelines for two to thirty years under the Act on the Protection of Children and Juveniles against Sexual Abuse [decision on the types of sex Offenses]

B. The crime of indecent act by force (the subject of the punishment of 13 years of age or older) [the type 2] juvenile indecent act by force (the person in special form): The mitigated element - The victim [the scope of recommending area and recommendations] who is vulnerable to the crime: the basic area of the victim [the scope of recommendations and recommendations], one year to 8 years and 4 months [the juvenile indecent act by force (including the indecent act by force and force) shall be included in the type 2, but the upper limit and lower limit of the sentence shall be mitigated to 2/3] [the range of recommendations revised according to the applicable sentences] 2 to 3 years and 4 months (the lower limit of the sentence recommended in the sentencing guidelines is applicable to the case where the lower limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences, so the defendant is investigated at least three times by sexual crimes (Rape, bodily injury, indecent act by force, rape).

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