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(영문) 대구지방법원 2016.04.08 2015고합532
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant, at around 19:00, committed an indecent act in the “D” restaurant operated by the Defendant, which was cleaning in the room, with the intent of forcing employees E (the age of 16) to commit an indecent act.

The Defendant: (a) had the victim kid, kiddly had the victim kidly with both arms, and had the victim kid; (b) had the chest of the victim kid by hand; and (c) had the victim kiddd with the victim’s chest, and continued to have the victim kid with the victim’s finger, but she had the chest of the victim.

The defendant went to the room, and again, "I am short, I am to come again," and "I am to come again," and again, the chest of the victim was turned to their grandchildren.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Legal statement of witness F;

1. E statements recorded in video recording;

1. Character messages;

1. Application of police investigation reports-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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

1. 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 (i) there is no past record of criminal punishment for the same crime; and (ii) in light of the circumstances of the crime in this case, the relationship with the victim, etc., a defendant has the risk of recidivism or recidivism of a sexual crime;

It is difficult to conclude, ② in light of the Defendant’s age, occupation, family relationship, etc., the degree of disadvantage and expected side effects that the Defendant and his family members will suffer in the future, ③ the registration of personal information of the Defendant, and sexual assault treatment programs.

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