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(영문) 대구지방법원 서부지원 2018.06.21 2017고합223
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C (nive, 16 years of age)'s pro-Japanese appearance D.

On August 6, 2017, around 06:50 around 06:50, the Defendant discovered the victim who was divingd together with D in the above D's house E located in Daegu-gun E, was able to commit an indecent act against such female, and the Defendant was able to enjoy in the side of the victim, and the Defendant was her breast by inserting his hand in the brogate of the victim.

Then, in the above actions of the defendant, the defendant carried the victim in the right side of the defendant's play, falls away from the defendant, and again let the victim go to her own right side by hand, after putting the victim's hand into the victim's clothes, putting the victim's chest into the victim's chests, talking with the breast and tightly, and inserting the victim's fingers into the part of the victim.

Accordingly, the defendant committed an indecent act against children and juveniles by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records concerning C;

1. Application of Acts and subordinate statutes to photographs of crime places;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. It can be effective to prevent re-offending even with the fact that the defendant has no record of criminal punishment for the same crime, the registration of personal information of the defendant, and taking lectures to treat sexual assault against him/her, as well as to prevent recidivism of the child exempted from disclosure orders and notification orders;

In full view of the Defendant’s age, the type and motive of the instant crime, the process of the instant crime, the severity of the crime, the disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and the preventive effects of the instant crime subject to registration, etc., the Defendant’s personal information shall not be disclosed or notified.

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