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(영문) 대구지방법원 영덕지원 2014.11.20 2014고합17

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On May 24, 2014, at around 21:50, the Defendant: (a) carried the victim E (n, 13 years of age) on the top of a passenger car set to F observer; (b) driven the said car to the H parking lot located in G by driving it; (c) on the same day, at around 22:00 of the same day, the Defendant her knee, knee, kne, kne, kne, kne, kne, kne, kn, kn, kn, kn, kn, kn, kn, k's face, kn, kn's face, and kn's inside the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The second written statement of the suspect examination protocol prepared by the prosecution against the defendant;

1. Legal statement of a witness I;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute of the report on internal investigation (field status), report on internal investigation (field confirmation) and investigation report (related to the confirmation of physical strength of the victim student);

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 relevant criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. As indicated in the facts charged in the instant case, the Defendant, as a member of the victim, was kisk, and kisk or kisk, was found to have been forced against the victim’s will.

B. As indicated in the facts charged in the instant case, the Defendant did not have kneeee the Defendant’s knee, or knee the knee of the Defendant’s knee and kne on the side

2. The victim was found to have knee in the police investigation, and the defendant was seated in the driver's seat.