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(영문) 대구지방법원 2013.06.14 2012고합1482
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Around 08:00 on October 17, 2012, the Defendant committed an indecent act on the part of the Defendant, who was parked on the Danaa car located behind the Cart located in Daegu Dong-gu, Daegu-gu, by reporting the Defendant E (18 years old), a juvenile victim E (18 years old) who was sitting on the head of the operation of the said car, and by taking the Defendant’s panty and panty in a timely manner, and rhhhing the Defendant’s face while taking the Defendant’s sexual organ in his hand.

2. Around 06:30 on October 17, 2012, the Defendant driving a Daba car under the influence of alcohol concentration of approximately 0.070% from the section of about 25 km to the front of the 106-dong apartment 106-dong parking lot, a remote city apartment located in the 106-dong, Daegu-gu, Daegu-gu, Daegu-gu, through Cmatet. B around that time, the Defendant driven a Doba car under the influence of alcohol concentration of about 0.070% from the section of about 25 km to the front of the 106-dong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver, the report on detection of a host driver, and the notification of completion of correction;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act among concurrent crimes [within the scope of adding up the long-term punishments of the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which are heavier than the punishment];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. Article 62-2 of the Criminal Act and Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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