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(영문) 대구지방법원 2014.02.07 2011고합738
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

On June 26, 201, at around 17:30 on June 26, 201, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") entered the 8th class of the Cracker film theater in the Docheon-gu, Daegu-gu, Incheon-gu, for viewing the film "liter," and 12 years of age from the 3rd to the 19:50 day following the completion of the said film and entered the film while showing the film "glock," which is a film, the film. The film museum confirmed that only the victims C (nick, 13 years of age) and the victims are remaining, and attempted to commit an indecent act against the victim.

In addition, the Defendant changed pop-up containers to the victim who is standing behind the victim and standing in front of the opening, and turned the victim's seat in front of the heat where the victim would move the place. The Defendant moved the victim's seat in front of the heat where the victim would move.

그 후 피고인은 뒤를 돌아보며 피해자에게 “3D 안경을 어디서 사야 되느냐”고 물으면서 손으로 피해자의 오른쪽 허벅지를 만지고, 이어 피해자의 옆자리로 자리를 옮겨 자신의 얼굴을 피해자의 얼굴에 가까이 가져다 대며 피해자의 어깨에 손을 올리고 피해자의 귓가에 대고 신음소리를 내었다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. C’s statement recorded in the video CD;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of motion pictures, etc.);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse;

1. To request an order of disclosure and notification;

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