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(영문) 대구지방법원 2015.09.04 2015고합267
아동ㆍ청소년의성보호에관한법률위반(강제추행)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

1. On January 22, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an active act in front of the D convenience stores located in Daegu-gu, Daegu-gu, Seoul (the age of 15), and the Defendant used two arms to the victim E (the age of 15) who was engaged in the active act.

Accordingly, when the victim in the disturbance gets out of body, the defendant tried to talk with the victim's sexual organ by "I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.. I

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

2. On January 22, 2015, the Defendant damaged public goods was arrested as a flagrant offender at the cell of the Daegu Northern Police Station located in 100 in Daegu Northern-gu, Daegu, Daegu, and was found to have avoided an disturbance by taking the Defendant into custody of the said cell after being arrested as a flagrant offender at the cell of the said police station.

At around 22:27 on the same day, the Defendant was unable to avoid a disturbance by asking the speak of the Defendant on the part of the Defendant in the protective detention room by extensively examining the windows of the protective detention room, taking a bath, placing the wall of the said detention room in drinking.

At around 22:40 on the same day, the Defendant continuously removed sets for the shock prevention of shock, which are public goods installed in the toilet for the protection of human rights, and damaged the repair cost to approximately 330,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records and appended forests;

1. A written statement;

1. A photograph of destruction and damage of public property in a detention room;

1. Application of the written estimate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 141 (1) of the Criminal Act (the occupation of indecent act by child or youth, the choice of imprisonment) of the same Act concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (Provided, That the foregoing shall not apply where punishment is more severe;

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