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(영문) 대전지방법원 서산지원 2014.10.02 2014고합73

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

Criminal facts

At around 12:30 on May 25, 2014, the Defendant found the victim D (nive, 15 years of age)'s house living in adjoining areas, thereby destroying the victim's dynamics, and caused the victim's dynamics to damage it.

In addition, the Defendant had the victim enter his house with the victim, and then I would like to tell him about him. The victim “I will see so far as I will see him. I will see it once,” and the victim should be able to answer the above behavior of the victim before the victim who did not have any answer to the action of the defendant, and the victim should not have the victim by the above method, and the victim should have been able to see more than once, and the victim’s left chest was able to take one time by his hand.

The Defendant continued to do so, “I am in blick,” and the victim tried to move the victim to blick with the victim’s hand by putting “I am on the house” sound, “I am on the house,” and expected on the wall and lowering the attitude on the wall.

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. Statement made to D by the police;

1. Application of investigation reports (report on recording of telephone conversations of a victim) statutes;

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 crime;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. As to the facts constituting a crime for which a notification order is issued, registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and submission of such information.