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(영문) 대구지방법원 서부지원 2013.12.19 2013고합176

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 the first half of 22:00, the Defendant discovered that the victim D (the 16-year old) was a part-time member of the victim D (the 16-year old) who was a part-time member of the cat in the cat in front of the cata-gu, Daegu-gu, Seogu, Daegu-gun apartment at the same time, and that he was a part-time member of the cata-dong, and that the victim was a cata-gu, as the cata-gu, the cata-gu, the cata-gu, and the fata-gu, the cata-gu, the cata-gu, the cata-gu, the cata-gu, the cata-gu, and the fata-gu, the cata-gu, the cata-gu, the cata-gu, the cat

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. The legal statement of witness D and E;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 298 of the Criminal Act concerning criminal facts;

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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 38 and 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the assertion is that the Defendant did not commit an indecent act against the victim as stated in its reasoning.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the victim made a relatively concrete statement on the instant crime and its ancillary situations, which is not known if the victim did not directly experience.