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(영문) 대구지방법원 2014.09.19 2014고합307
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant, at around 21:10, 2014, placed in the Newcheon-dong, Daegu Northern-ro, 900 Bukcheon-dong, 15 years of age, discovered the victim C and attempted to force indecent acts by force, and followed the victim the victim, who her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

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 relevant criminal facts;

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. Where a judgment on the registration of personal information under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a competent agency pursuant to Article 43 of the same Act.

However, considering the fact that the Defendant violated his wrongness in depth and led to the confession of all of the instant crimes, that the Defendant did not want to punish the Defendant on the part of the victim by mutual consent with the victim, that the type used by the Defendant appears to be relatively weak in the instant crime, the Defendant’s age and the background leading up to the instant crime, circumstances after the crime, etc., it cannot be readily concluded that there exists a risk of recidivism of sexual crimes against an unspecified person, and that the order to attend a lecture for the purpose of improving character and behavior is concurrently imposed.

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