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(영문) 창원지방법원 통영지원 2014.04.10 2014고합6
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

On November 27, 2013, around 18:35, the Defendant discovered the victim C (16 years of age) who was waiting for a bus at the Goan bus terminal located in 79 with the door of 79, a string-si, and decided to forcibly commit an indecent act against the victim, and the victim’s left chest was sent back to the victim’s right chest by his own fault.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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

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

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

1. The defendant's defense counsel's defense counsel's defense at the defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense is difficult to disclose the defendant's personal information in this case, considering the fact that there is no criminal history prior to the crime of this case, the defendant's social relation is clear, and the defendant's evaluation report of the mental health department and clinical psychology room at the Busan National University Hospital, the defendant's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel is hard to adapt to the daily life and group life due to the fall of 68 degrees and the development of intelligence index, and the defendant has the ability to discern things or make decisions at the time of committing the crime of this case.

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