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(영문) 대구지방법원 2013.05.24 2012고합1508

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

The Defendant operated Daegu North-gu C Ga, Daegu-gu, and, on May 2012, 2012, committed an indecent act by force against the victim on the part of the employee victim D (the 15-year old-old) who was living in the main room, with 2 to 3 times with his fingers, following the Defendant’s hand-to-face of the victim’s clothes, with her two fingers, and with her two fingers, she committed an indecent act by force against the victim.

9. By July 18, the victims of juveniles were forced to commit an indecent act, such as the statement in the annexed list of crimes, throughout a total of 18 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim E and F;

1. Application of Acts and subordinate statutes to a complaint and a report on investigation (victimD);

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 criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against D who was on May 2012 with the largest criminal situation) among concurrent crimes;

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Where a conviction becomes final and conclusive on the instant criminal facts, which are sex offenses subject to the registration of personal information of children and juveniles, under Article 62-2 of the Criminal Act, the order to provide community service and attend lectures, and Article 13(1) and the main sentence of Article 13(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse,

However, the defendant is also subject to disclosure and notification of personal information pursuant to Articles 38(1)1 and 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but the defendant's age, occupation, family environment, social relationship, and crime of this case recognized as recorded.