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(영문) 대구지방법원 2015.08.21 2015고합268
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 06:00 on June 7, 2015, the Defendant purchased the victim D (the age of 18) in the Daegu Suwon-gu Suwon-gu, as an employee, at the convenience store, and after purchasing the victim’s 1 disease, “Isn't her age but 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 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 s his her her her her her her her her her her her her her sher

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (Attachment of On-the-spot CCTV image materials photographs) [The defendant and his defense counsel] asserts that although the victim had contacted the victim's bucks and drinking part of the victim's bucks in the process of fucking the Defendant's hand, the victim's fucks intentionally do not have any fact that the victim had recorded the victim's fucks and drinking part. However, in light of the fact that the victim's statement made at an investigative agency is specific and detailed, and that there are no other circumstances where the statement is false, it can be sufficiently recognized the facts constituting the crime

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. There is no record of punishment for sexual crimes by the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and considering the degree of exercising the tangible power of this case, the age of the accused, social relationship, etc.

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