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(영문) 대구지방법원 2018.10.05 2018고합308
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, around 00:50 on June 12, 2018, the claimant for the order to observe the protection (hereinafter referred to as the "defendant") discovered the victim E (the 15 years old) returning to India from the D District D District Ma, Daegu Northern-gu, Daegu, Seoul (hereinafter referred to as the "Defendant") and bread it.

Therefore, the Defendant followed the victim's 140m volume, and met the shoulder of the victim in the direction of "G" located in "G" in "G" in Daegu North-gu, Daegu-gu, by cutting the Defendant's shoulder on the left side of the victim, and then saving the shoulder of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Reporting case handling table;

1. Each investigation report (related to the specification of a suspect, CCTV tracking of a suspect, hearing statements from a victim and reporting thereon);

1. Application of 8 Acts and subordinate statutes to a investigative report (influences, such as a fluor photograph of theCCTV image and a photograph of the visual images);

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 the selection of the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018); where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant becomes 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 Article 43 of the same Act.

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