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(영문) 전주지방법원 2015.04.16 2015고합19

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

On October 13, 2014, 03:40 on 03:13. 13. 0, the Defendant reported that the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son, and the Defendant’s son’s son’s son’s son’s son’s son’s son, and the Defendant continued to have his her chest’s son’s her chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (related to telephone communications between a suspect and a victim), investigation reports (in cases of telephone communications between a suspect and a victim), and submission of internal photographs and telephone conversations of a suspect;

1. Application of Acts and subordinate statutes governing recording records;

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

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. The exemption from disclosure orders and notification orders has no record of the accused under 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, and the occurrence of the instant crime.