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(영문) 대구지방법원 서부지원 2019.09.05 2019고합99
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

1. On February 14, 2019, on the alleyway located in Daegu Seo-gu, Daegu-gu, the Defendant: (a) opened one’s bridge and opened one’s bridge and revealed the booms; and (b) was shakening it.

Accordingly, the Defendant publicly committed an obscene act.

2. On February 14, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, following the back of the victim F (n, 16 years of age) who returned home in front of the building E-dong, Seo-gu, Daegu, Seo-gu, Seoul, with both arms, stored the victim's chest with one hand, and left the victim's chest with the other hand at the same time.

In this respect, the defendant forced the juvenile victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

1. Relevant Article 245 of the Criminal Act, the choice of punishment for a crime, Article 245 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

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

1. The age, occupation, risk of recidivism of the accused, the kind and motive of the instant crime, the process of the instant crime, and the order of disclosure and notification, which are exempted from disclosure orders and notification orders, are anticipated to be disadvantageous to the accused due to the age, occupation, risk of recidivism under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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