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(영문) 대구지방법원 2019.08.30 2019고합158
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim B was indicated as “18:10” in the indictment on April 16, 2019, but the first attempted indecent act against the victim B is deemed to have occurred immediately before the crime of indecent act by compulsion against the victim D. Thus, the time of the crime is corrected to “18:30.”

In front of the building in Daegu Dong-gu, Daegu City, the victim B (the 14th age), who is a child or juvenile who is the maju, was found in the course of the delivery, extending out to the hands of the victim's chest, but the victim attempted to prevent the her from spreading the chest by saving both arms. At the vicinity of the E Station, a subway station, near the subway station, around that time, the victim tried again to cross the her breast part by going back the her hand, and then the her chest part of the maju, but again, the her attempted to avoid this.

Accordingly, the defendant tried to commit an indecent act against the victim who is a child or juvenile on two occasions, but did not commit such an attempted act.

2. The Defendant committed the crime against the victim D at the “G Park” located in the Daegu Dong-gu, Daegu-gu, Daegu-gu, around 18:30 on the same day, and discovered the victim D (n, 13 years old), who is a child or juvenile coming from the fing, and became as if the Defendant used the victim’s left chest to the right upper part of the chest to the lower part of the chest.

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

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. Partial statement of the witness K in the court;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to the report on the occurrence of the case, the report on internal investigation (including the evidence list Nos. 5 and attached materials), the report on investigation (including the evidence list No. 18, 19, 21, 33 and each attached material);

1. Article 7(6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the same Act, and Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse.

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