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(영문) 대구지방법원 2014.04.11 2014고합38
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

At around 19:30 on December 17, 2013, the Defendant divided the conversation with the friendship on the front of the square at 1439, Dong-gu, Daegu-gu, 1439, and changed to the victim C (the age of 17) who was walking on the road before the square at 1439, and changed to the victim C (the age of 17).

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. Reasons for sentencing under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the determination of type] sexual crime: The general standard for the crime of indecent act by compulsion (including indecent act by deceptive scheme and force) - Where the exercise of tangible force is considerably weak [ the scope of recommending punishment] - Where the degree of indecent act is considerably weak, [the scope of recommending punishment] 6 months to 2 years (special mitigation area] - There is no serious reflector and criminal punishment [the suspension of execution] - The main reasons for writing are positive (where the exercise of tangible force is considerably weak, the degree of indecent act in indecent act in indecent act committed) - The reason for general witness / [the punishment of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the victim / [the punishment of indecent act by indecent act by the victim 1 to 2 years].

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