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(영문) 대구지방법원 경주지원 2019.08.29 2019고합30
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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A defendant shall be punished by imprisonment for a year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who takes part in the PC bank, and the victim B (n, 14 years old) is a customer of the PC bank from about one year ago, and the defendant is known to him.

On March 1, 2019, the Defendant: (a) received a telephone from the victim to met with the victim; and (b) proposed that the victim be able to continue to talk with the victim at the Defendant’s house, and then, (c) led the Defendant to the Defendant’s house in racing C Apartment and D.

On March 1, 2019, the Defendant, at around 04:45, 00, drinked with the victim and divided talks with the victim. On March 1, 2019, the Defendant was able to attract the victim’s body to the close end with the victim and put the victim on the floor.

피해자가 ‘지금 가야 한다.’라고 말하며 피고인의 몸을 밀쳤으나 피고인은 팔로 피해자의 몸을 꽉 끌어안아 피해자가 움직이지 못하게 하고, 피해자가 ‘진짜 제발 하지 마라.’고 하였으나 계속하여 팔로 피해자를 가까이 끌어당겨 자신의 볼을 피해자의 볼에 비볐다.

After that, the Defendant, by hand, laid down the body of the victim by taking the arms of the victim on the floor, continued by the victim to leave the defendant on the body of the victim who was pushed the defendant on his arms, and prevented the victim from leaving the body by drawing up the body of the victim on the side of the victim, and made the victim fit once for the victim's entrance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to B;

1. A police investigation report (Attachment to the closure of a disaster preventionCCTV image);

1. Application of the Acts and subordinate statutes in Chapter 1 of the crime preventionCCTV images and closure photographs of the suspect's residence;

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 relevant criminal facts;

1. Article 53 of the Criminal Act for discretionary mitigation

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