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(영문) 대구지방법원 포항지원 2014.05.07 2014고합6

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 September 2013, the Defendant came to know of the victim D (nive, 18 years of age) through the Fluxation of Scman C, and got into contact with the victim and the victim for the direction of the Fluxation. On September 21, 2013, on September 21, 2013, the Defendant came to drink the victim and the victim’s first-hand F in the H market located in the northwest-gu, Haban-gu, Habk-si, Habk-si, Habk-si, and Habk to drink the Defendant’s house at around 22:00 on the same day.

At around 01:00 on September 22, 2013, the Defendant, at the home of the Defendant, 205, at the Nam-gu K building 205, performed alcohol together with the victim and F, made the victim raise, put the victim off the “betting off,” and made the victim go off from the teitrts and gars of the body called “betting off,” and made the victim go out of the body of the victim, cut back the victim’s neck, and kid up the victim into the Defendant, and kid the victim into the Defendant’s own arms, and kid the victim into the body of the victim, and kid the chest into the chest of the victim, and forced the juvenile victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D or F by the prosecution;

1. Application of D's statement-related Acts and subordinate statutes recorded in a video CD;

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

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 repeated 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. An order for disclosure and notification, and an order for disclosure, or an order for the age, occupation, risk of reoffending 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, the kind, motive, process, consequence, and seriousness of the offense in this case;