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(영문) 대구지방법원 상주지원 2012.11.15 2012고합74
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On May 12, 2012, around 00:30 on May 12, 2012, the Defendant committed an indecent act against the victim E (the 15-year old age), who is a neighbor, (the 15-year age) around the Domo, Gancheon-gun C, the Defendant committed an indecent act against the victim while working with the head of F-si operated by the Defendant.

The defendant, while driving the above taxi, has the face of the victim who was injured, and even though the victim expressed his/her intention of refusal by speaking several times, he/she stored the lux hand in the clothes of the victim.

The defendant continued to move the above taxi on the road at the same side, and the victim was able to know the victim by hand, and the victim was able to be injured by the victim despite having expressed his/her intention of refusal by the same method, and even though the victim was unable to get out of the victim's knife, he/she was forced to be exempted from the victim's knife and knife, and became only the part of the victim's sexual flag by hand.

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. Partial statement of the first interrogation protocol of the defendant against the defendant;

1. Application of two video CDs and voice-related Acts and subordinate statutes;

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

1. Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the defense counsel and the defendant under Article 38(1)1 and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(1)2 of the Act on the Lapse of Punishment, etc., and Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The defense counsel of the defendant in the summary of the argument refers to the victim at the time of the defendant.

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