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(영문) 대구지방법원 경주지원 2015.05.29 2014고합93
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

At around 17:20 on October 28, 2014, the Defendant tried to come up with the victim’s face in the front of the “Dart” located in Si-si on the day of Si-si, Si-si, 17:20, and discovered the victim E (the 15-year old age), who is a juvenile seated in outdoor container, and was able to force the victim to commit an indecent act by force, such as “the victim’s buckbucks, sprinks, and sprinks, knife, and knife, knife the Defendant’s hand, knife the victim’s hand, and knife the victim’s knife, knife the victim, and knife the victim,” and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. -Application of each video statute in 8 copy of theCCTV course and - one field photograph.

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 the relevant criminal facts;

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 made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the degree of indecent act committed by the Defendant in this case 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 criminal records of the Defendant, etc., it is difficult to readily conclude that the Defendant has a risk of committing a sex crime again. Moreover, the Defendant’s participation in the registration of personal information and the lecture for treatment of sexual assault can be seen

Other disclosure order or notification order of this case.

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