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(영문) 대구지방법원 2017.09.15 2017고합326

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

1. On April 13, 2017, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) found the victim E (the age 15) who was frequently in the normal attendance channel at E (the age 15) and forced the victim to commit an indecent act on April 13, 2017, in E (hereinafter “Defendant”) at E-raying from the D Station located in Daegu Jung-gu, Daegu, on April 13, 2017, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) met with the victim’s own left hand, and the victim’s right macks the victim’s starboard.

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

2. On April 14, 2017, the Defendant committed the crime, at around 07:25, Apr. 14, 2017, in the foregoing manner at the above place, the victim’s right-hand hand was cut off with the victim’s own left hand.

As a result, the Defendant committed an indecent act against the victimized person as a child or juvenile.

3. The Defendant committed the crime of April 18, 2017, at around 07:25, Apr. 18, 2017, in the same manner as above, the victim’s right-hand hand was cut off with the victim’s right-hand hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of video-related Acts and subordinate statutes contained in CCTV CDs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in paragraph (3) of the same Article, which is the largest criminal fact];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. An order of disclosure; and