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(영문) 대구지방법원 서부지원 2016.05.12 2016고합36
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

1. On October 4, 2015, the Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed against the victim E (15 years old), the victim F (15 years old), and the G with a singing room around D convenience stores located in Daegu-gu, Daegu-gu, Daegu-gu, about October 17, 2015;

By doing so, victims and G were sent to Ising in Daegu Seo-gu H.

Defendant kis on the victim E’s kis at that place, and kis on the victim’s kis, and kis on the victim’s kis.

If the victim E refuses to comply with the foregoing, the victim E

“In doing so, the victim’s sexual organ was kisced by hand, and kisced on the view of the victim F.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

2. The Defendant assaulted the Victim G (15 years old) by taking the head of the Victim G (15 years old) who was singing at the singing of the said day at the singing of the said day on one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Application of Acts and subordinate statutes to investigate reports (to hear statements from victims E, hear statements from police officers dispatched to the scene, hear statements from victims, hear statements from victims, hear statements from victims E);

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of forcing a juvenile to commit an indecent act, the choice of imprisonment), and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment) concerning the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with the largest penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for 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. Exemption from an order of disclosure and notification;

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