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(영문) 대구지방법원 서부지원 2016.05.26 2016고합39

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

On January 13, 2016, the Defendant completed Taekwondo lessons at the entrance of the 1st floor of the Daegu-gu I commercial building, Daegu-gu I commercial building, and discovered the victim J (Y, 14 years of age) who returned to mixed, and the victim Da Da Da said, “Pama and Ga L,” and Da Da Da Da d said, “Pama and Ga,” followed the victim’s left arms to the 3rd floor and 304 office of the Defendant.

At the above office, the defendant et al. stated that the victim, who was aware of the defendant as a person who sees the defendant in the natural attitude of the defendant, was sitting in the side of the victim who was sitting in the seat of the defendant, and "An too lusium has been passed by using the victim's hair behind it," and used the victim's ear and ear, and rhym the victim's fingers between the two descendants.

Therefore, when the victim speaks that "the victim must go to the house," the defendant was "a person who has come to the house once after a fishing vessel according to the victim," and the victim was sleeped with both arms, and was sleeped into the left side of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site structure forests and stenographic records;

1. Application of Acts and subordinate statutes to report internal accidents (Attachment to the CCTV for commercial buildings);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the degree of coercive force exercised against the victim is not severe, and there is no history of criminal punishment.