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(영문) 대구지방법원 2014.04.18 2013고합468

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 07:55 on September 6, 2013, the Defendant: (a) accessed the Victim F (F) in front of the “E” convenience store located in Daegu Northern-gu D; (b) told the Victim F (F) to be “Neurine”; and (c) forced the Victim, such as “Ieman”, “Ieman at night at night”, and “Ieman at night.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Recording records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination on the assertion of the Defendant and the defense counsel under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. The Defendant was shot a victim who smoked at the time, time, place, etc. of the judgment, and there was no fact that the part of the victim, etc. was fryd, and that the victim’s her her son was her son.

B. Even if the Defendant had been her her son, it cannot be viewed as an indecent act because it does not constitute an act that may cause sexual humiliation or aversion to the victim, and there was no intention to commit an indecent act against the Defendant.

2. Determination

A. First of all, the following circumstances acknowledged by the evidence duly adopted and investigated by this court regarding whether the Defendant was the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her