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(영문) 대구지방법원 2017.09.15 2017고합266
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

In addition, around 17:50 on September 26, 2016, the claimant for the observation order to protect the victim (hereinafter referred to as the "defendant") : EF bus departing from the bus stops in the Daegu Suwon-gu, Daegu-gu, and the victim G (hereinafter referred to as the "victim") who is a child or juvenile, was seated in the front of the defendant's seat, and the victim : (a) walked on the victim's left hand; (b) the victim : (c) the victim ; (d) the victim ; (d) the victim ; (d) the victim ; (e) the victim ; (e) the victim ; (e) the victim ; (e) the victim ; and (e) the victim ; (e) the victim ; and (e) the victim ; and (e) the victim ; and (e) the victim ; (e) the victim ; (e) the victim ; and (e) the victim ; and (e) the victim : (e) the victim kne kne.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. The statements and stenographic records of G recorded in video recording CDs;

1. A report on investigation (absoring a victim to a name tag) (absoring the victim);

1. Application of the photographic Acts and subordinate statutes;

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 selection of the relevant criminal facts;

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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (which has no record of punishment for a sexual crime by the defendant, and the registration of personal information of the defendant against the defendant and the lecture for treatment of sexual assault can have the effect of preventing re-offending.

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