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(영문) 대구지방법원 2017.07.28 2016고합352 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Defendant

In addition, around 05:52 on April 29, 2016, the person against whom a request to attach an attachment order was made (hereinafter referred to as the "defendant") was made, at the 6th room of the D Singing practice room located in the Gingdong-gun C, the victim E (the victim E (the 16-year age), who is a child or juvenile, and talks with the victim to commit an indecent act against the victim who leaves the Defendant’s place of drinking while drinking together with the victim E (the 16-year age), and brought the victim into the Defendant’s hand with the Defendant’s hand, and brought the victim into the two arms with the victim’s hand, and the victim was bucked with the bucks of the victim who was seated with the bridge.

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. Application of statutes on police statements made to E, F, G, and H;

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 stay of execution (The following circumstances considered in favor of the reasons 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 light of the following: (a) a child exempted from disclosure order and notification order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant did not have any history of punishment for any sexual crime; (b) a victim’s criminal act is recognized and against all his/her criminal act; and (c) a victim’s legal representative and his/her legal representative have agreed to do so, personal information of the Defendant and a lecture for treatment of sexual assault can have the effect of preventing the

In addition, the disclosure order and notification order are the defendant, taking into account all the circumstances such as the defendant's age, sex, family relationship, the background of the crime of this case, and the circumstances after the crime.

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