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(영문) 수원지방법원 2013.04.09 2012고합1026
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 became final and conclusive.

Reasons

Punishment of the crime

On September 1, 2012, around 17:10 on September 1, 2012, the Defendant discovered the victim D (inn, 18 years of age) who is a juvenile within the convenience store in Young-gu, Young-gu, Si, Singu, Singu, Sinwon-si, and accessed the back of the female, and then the victim'

Accordingly, the defendant committed an indecent act against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the investigation report (fence of the fluore video).

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;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of punishment by sentence] The reason for sentencing under Article 62 (1) of the Act on the Suspension of Execution [the scope of punishment by sentence] from one year to thirty years [the determination of a sentence by sentence], general standards, crimes of indecent act by compulsion (subject to the age of 13 or more), and cases where the exercise of physical force is significantly weak [the determination of the recommended area] mitigated area: One year to six years [the mitigation of juvenile indecent act by compulsion]] from one year and three years [the scope of recommendation] reduced the upper limit and lower limit of the above recommended area to one half [the scope of recommendation] from September to one year and six months [the scope of recommendation] [the scope of punishment by revision] [the minimum limit of punishment by sentence] [the main reason for suspended sentence] where the exercise of physical force is considerably weak: There are no criminal records above the regular sentence and no contingent sentence; the defendant did not agree with the defendant among the crimes in this case; the defendant did not agree with the sentence of imprisonment of this case;

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sex offenses against children or juveniles who have registered personal information.

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