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(영문) 대전지방법원 2014.08.14 2014고합97
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
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

On March 15, 2014, the Defendant became aware of the victim C (V, 14 years of age) through the Internet hosting site.

On March 17, 2014, at around 11:30, the Defendant moved the victim to the next dives station in Yasan-dong 2, Yasan-dong 1, and the time from the next starting to the next starting point was defective to the male and the victim's talk, and the Defendant was seated with the victim on the stairs at the rooftop entrance, coming to the five-story apartment building in the vicinity.

The defendant is suffering from the victim's bucks in his own place, and the facts charged are stated that the victim's first attempt at the place in the decision of the defendant was about to sustain with the victim, but the victim stated that the first attempt was about to sustain with the victim, the victim's act was conducted after the victim was sealed, and even if the reduction was recognized, it is recognized that there is no concern that the defendant's exercise of his right to defense would be a substantial disadvantage. Thus, the facts charged as stated in the indictment should be modified and recognized without any changes in the indictment.

Therefore, when the victim saw the body of the victim and rejected the defendant by pushing the defendant, the defendant was unable to get the victim's hand by force, and then the victim's bucks and breasts were stored.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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

1. Exemption from an order of disclosure and notification;

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