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(영문) 대전지방법원 2017.03.17 2016고합431

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant: (a) reported on July 16:2, 2016, at the street in front of the Seo-gu Daejeon apartment apartment management office, along with the victim D (Woo, 14 years old); and (b) decided to force the victim to commit an indecent act; and (c) decided to attract the victim to open the victim after cutting it.

In other words, the victim gets a chair who had been in the above management office, and the victim saw the rear neck of the victim by standing on the left side of the victim's left side, talking with the breast, drinking with the hand, hanging the breast with the hand, sleeping the breast with the hand, sleeping the victim's hand with the hand hand of the defect that the victim intends to get out of the place, and sleeped with the sleep of the victim's hand.

As such, the Defendant forcedly committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. E statements recorded in the file for recording a witness among the second public trial records;

1. Statement made by the police against D;

1. The statement made in D in video recording CDs;

1. Application of the Acts and subordinate statutes on CDs for storage of C apartment CCTV data;

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 selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following circumstances: (a) proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, previous offense, risk of recidivism, home environment, and other benefits and preventive effects expected by the disclosure order or notification order of this case; and (b) disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed or notified.