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(영문) 대구지방법원 영덕지원 2013.06.27 2013고합15
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 4, 2013, at around 14:00, the Defendant requested the victim G (the age of 13) (the age of 13) who is going to a route with the prone F in front of the “E Library located in Ulsan-gun, Ulsan-gun,” to affix his/her photograph on his/her cell phone, and instead requested the victim to affix his/her secret on the road surface instead of being aware of the method of affixing his/her photograph on his/her cell phone, and requested the victim to affix his/her secret on the road surface, who wants to affix his/her image as a photograph, and request the victim to take his/her attitude as a photograph, such as allowing the victim to take the body of the victim, and made the victim take the chest of the victim's chest, and made the victim take the photograph, and the victim take it away with the victim's face, and intending to dance the victim as a juvenile, thereby committing indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G and F;

1. Statement of investigation report (Attachment to the scene of damage and a photograph of the situation of the victim);

1. Application of Acts and subordinate statutes concerning images of Chapter six photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information on the grounds of suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing conditions are repeated), the defendant is obligated to submit personal information to the competent authority in accordance with Article 43 of the same Act, since he/she is a person subject to registration of personal information under Article 42(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 42(1)

An order of disclosure and notification shall be waived.

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