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(영문) 대구지방법원 2015.10.30 2015고합333
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 June 11, 2015, at around 18:30 on June 11, 2015, the Defendant stopped in the bus stops at the bus stops of the Gandong-gun C Apartment-gun, Gandong-gun, Gandong-gun, following the victim D (n, 16 years of age), and became only one time her son with his her hand.

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

Summary of Evidence

1. Legal statement of witness E;

1. Application of the D’s statement statutes contained in the video recordings;

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 ( repeatedly considering the favorable circumstances);

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

1. In light of the following: (a) the 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, and the proviso to Article 50(1) of the same Act (the fact that the defendant is a young person of 20 years of age, has no record of sex offense; (b) the degree of indecent act is relatively minor; and (c) the defendant’s personality and behavior improvement and the effect of recidivism can be expected even through an order to attend a sexual assault treatment, it is difficult to readily conclude that the defendant has a risk of recommitting a sexual crime; and (d) comprehensively taking into account all the circumstances, such as social benefits expected by an order to disclose or notify information, the effect of preventing sexual crimes

1. The gist of the assertion was that the Defendant thought that the instant crime was not serious problem in the police investigation, and that the Defendant led to a false confession at the desire to close the instant case early.

However, facts constituting the crime are recorded by the defendant.

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