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(영문) 대구지방법원 상주지원 2015.03.26 2014고합47

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 1, 2014, at around 15:00, the Defendant: (a) had the victim H (the 17-year-old age) who was a juvenile from the G restaurant run by the Defendant in the G restaurant run in the Yancheon-gun, Chungcheongnamcheon-gun; (b) had the victim go to the head of Ione Starex, who is the Defendant’s possession; (c) had the victim go to the outside of the road located in the same militaryJ; and (d) had the victim go to the outside of the road located in the same militaryJ; and (d) had the victim go to the baby purchased from the marina; and (d) the victim was given the right to go to the baby purchased from the marina; and (d) “I am out of the chest, I am to the victim’s chest; and (e) “I am back the victim’s chest even if I am left, I am to the son; and (e) am out of the clothes of the victim.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness H and K in the third protocol of trial;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. Each police statement made to H;

1. The application of Acts and subordinate statutes in Chapter 6 of the Investigation Report (related to the confirmation of criminal scene) and photographs;

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;

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. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the crime of this case against the defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant shall be punished as a sexual crime.