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(영문) 대구지방법원 안동지원 2015.08.20 2015고합38

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Reasons

Punishment of the crime

[criminal power] On September 19, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for night, building intrusion, larceny, etc. in the Dong-dong Branch of the Daegu District Court on September 19, 2014 and completed the execution of the sentence on May 15, 2015.

【Criminal Facts】

At around 00:30 on July 2, 2015, the Defendant discovered the victim E (the age of 15) who was sitting on a bus platform in the Dongdong-si C and D around Dong-si, and attempted to commit an indecent act against the victim; “I am kn't k't kn't kn't kn't kn't kn't kn't kn't kn't, kn't kn't kn't kn't kn't, but the victim refused it; “I kn't kn't kn't't kn't kn't kn't, and kn't kn't kn't kn't kn't kn't kn't kn't kn's left side of the victim; and kn't k's part.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. A detailed statement on processing reported cases, respectively;

1. Previous records: The current status of personal identification and confinement, investigation report (report on attachment of a suspect's judgment), application of statutes governing the judgment; and

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;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is the same Act.