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(영문) 대구지방법원 안동지원 2015.05.14 2015고합16
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

The defendant is a person who drives a school bus at a c driving school operated by his/her father and wife.

At around 20:00 on January 14, 2015, the Defendant: (a) reported the victim D (the 16-year-old age) who was a student of a private teaching institute (the 16-year-old age) known in the first floor’s corridor to enter the 1st floor corridor to drink water together with her friendship; and (b) forced the Defendant to commit an indecent act.

When the victim desires to move to the entrance with water-friendly frightening the victim, the defendant said that "the victim must take out" means that "the victim must take out the hallway," caused the victim to break off the hallway to the congested corridor, and the victim cannot resist because of the relation with the defendant, etc. with the victim, when the victim gets out of the entrance, the victim should not fright the victim behind the entrance, and the victim should not take off the entrance when he gets out of the entrance." On the other hand, the victim's left hand frights of the victim, with the victim's right breast, and the knick frights and the chests of the victim are used in several times, and the victim continued to put the victim into the knick, put the victim into the knick, put the knick, put the victim into the knick, and put the victim into the knick, but the victim's chest in the above knick, and made the victim's clothes out.

Accordingly, the Defendant committed an indecent act by force against a child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

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