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(영문) 대구지방법원 2014.10.24 2014고합387

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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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

1. On June 5, 2014, at around 19:30 on June 19, 2014, the Defendant boarded the bus at 840 square meters near the Jindo High School in Mindo-Eup at Mindo-si, and then, around around the passage of the bus near the C (Min, 19 years of age) in order to commit an indecent act against the said bus at the time when the bus was at the pressure of the city at Mindo-si, the Defendant laid down the victim’s her block with his hand after the victim’s block.

Accordingly, the defendant committed an indecent act against the victim in the city bus, which is a place where the public is concentrated.

2. 아동ㆍ청소년의성보호에관한법률위반(강제추행) 피고인은 제1항 기재 일시, 장소에서 위와 같이 C을 추행하던 중 이를 눈치 챈 C이 자리를 피하자 계속하여 자신의 앞에 앉아 있는 피해자 D(여, 18세)를 추행할 것을 마음먹고 피해자가 앉아 있는 좌석 앞으로 다가가 강제로 몸을 피해자의 몸에 밀착시키고 손으로 피해자의 등 부위를 만졌다.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for each type;

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.