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(영문) 대구지방법원 서부지원 2018.11.01 2018고합22

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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 and the victim D (one-six years of age) are not known to each other.

The Defendant, on August 17, 2017, returned home under the influence of alcohol in front of E in the Daegu-si Si, Daegu-si located in the Ethmb, Daegu-si on August 17, 2017, reported the relationship between the victim and the victim.

Whether or not they go back to the place outside of this late time.

“Posting the horses,” the horses were dried in the vicinity, the victim was able to walk and talk.

The defendant is a man who gets at a short head while talking about the victim's "I am at a short head."

Whether or not a male attends female vagabonds at the latest;

“The victim said that she was a woman,” and she was able to write down buckbucks inside the victim’s bucks, which she was able to write down 5 to 6 times in his/her hand, on his/her own hand, the victim’s chests between her chests.

Accordingly, the defendant's defect who intends to leave the place of damage to the defendant is "I Ga, I Ga, I am at our house," and the victim's hand was 2-3.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Stenographic records;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (No. 4 and 7 No. 131 of the evidence list);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse, Order to attend a lecture and Order to provide community service;

1. An order to disclose, notify, and restrict employment of, a child exempted from such order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant is punished for a sex offense committed prior to the instant crime).