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(영문) 대구지방법원 2019.01.25 2018고합451
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 October 21, 2018, at around 21:05, the Defendant and the person against whom the attachment order was requested, or the person against whom the probation order was requested (hereinafter referred to as the “Defendant”) sent the chest of the victim D (the family name, the 16-year age), who is walking along the road while taking the school uniform, one time on his/her own hand, around October 21, 2018.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The Defendant, at around 21:09 on the same day, committed indecent act by compulsion, at the end of the “F point” located in Daegu Jung-gu, Daegu-gu, the victim G (Vin, 22 years old) on the street was her own hand floor at one time.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. Statement made to D by the police;

1. Investigation report (Analysis of data from CCTV images at the site) and photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the number of concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That it shall be limited to the sum of the long-term punishments of the 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 and Article 21 (4) of the said Act;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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