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Reasons
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(영문) 대구지방법원 포항지원 2015.08.10 2015고합56
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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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

Around April 21, 2015, the Defendant: (a) as an employee of the “Cnoman Bank” located in the Northern-gu B at port; (b) around April 21, 2015, the Defendant: (c) called “Cnoman Bank” in the said “Cnoman Bank,” in order to listen to the victim D (the age of 17) who was a customer with a school uniformed in the said “Cnoman Bank”; and (d) opened a side visit of a room where the victim is working and pushed the victim as a measure; and (c) forced the victim to use kis, and forced the victim to dance two times in line with the victim’s entrance alcohol; and (d) opened the victim’s chest in line with the victim’s alcohol once more than three to four times, and forced the victim to commit an indecent act against the child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family relation, occupation, environment, social relative relationship of the accused; and (b) the accused does not have any record of punishment for committing a sexual crime; and (c) the risk of recidivism of a sexual crime is not determined high; and (d)

1. The scope of applicable sentences under law: Imprisonment for a year to February 15.

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