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(영문) 대전지방법원 2018.04.13 2017고합402
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

The defendant is a person who has been aware of the victim in the same workplace as the victim C (a person, a woman, 18 years of age).

On June 19, 2017, around 07:30, the Defendant committed an indecent act by force against the victim by putting the victim's chests and knife of the victim's chests and knife in the front of the 1009 apartment house D, which was parked on the front of the 1009 road, after drinking alcohol from the beginning of the preceding day, and drinking alcohol at the front of the west, and using them as knife from the upper part of the clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A written statement under C (tentative name);

1. Video-recording CDs and stenographic records;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of various circumstances, such as the Defendant’s age, the details, circumstances, and result of the instant crime, the prevention of sexual assault crime subject to registration that may be achieved due to the disclosure order, the protection of the victim, and the anticipated side effects, etc. of the Defendant’s disadvantage due to the disclosure order, there are special circumstances in which the disclosure of the Defendant’s personal information may not be disclosed.

3) Determination of the argument of the defendant and defense counsel

1. The summary of the alleged body is that the Defendant is fluored with a string of the victim's shoulder, and fluor or fluoring with the chest or fluor.

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