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(영문) 대구지방법원 2014.04.04 2013고합617
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 4, 2013, at around 23:49, the Defendant discovered the Victim E (A, 16 years of age) that she was frighted by the flaps in front of the Diplomatic Association in Kimcheon-si, Kimcheon-si, and operated a F car with his own possession, and followed by the victim, an even a car was set back on the side of the victim. On the other hand, the Defendant carried out the arms out of the window of the driver’s seat, thereby leaving the victim’s left side and right bucks down.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV photograph of which the surface of a person commits a crime is confirmed);

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 criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Act on the Protection of Children and Juveniles against Sexual Abuse committed the crime of this case on the ground that the defendant, at the age of 16, who had no influence on the buck bucks around the time of his/her self-defluence, physically spreaded the victim’

However, in light of the fact that the defendant is the primary offender, and is against the depth of his mistake, and the degree of indecent act in the crime of this case is relatively weak and the father of the victim is also the wife of the defendant, etc., the punishment shall be determined like the order in consideration of the normal degree favorable to the defendant.

Where a conviction of a defendant subject to registration of personal information of this case becomes final and conclusive on the crime of this case, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

disclosure order and.

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