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(영문) 대구지방법원 2015.01.16 2014고합586
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

The Defendant is a person driving a D-FF driver who transports students of CFF.

On September 22, 2014, the Defendant driven the above vehicle on September 18, 2014, while driving the vehicle, and taking the private teaching institute students in office, left only the victim F (V, age 16) in the vehicle under the direction of the school 1 bridge near Daegu Northern-gu E, Daegu, and turned down the vehicle with the vehicle, cut off the inside of the vehicle, cut down the victim's face on the back of the vehicle, cut down the body, cut down the back the body, and cut down the chest on the back of the vehicle.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The police seizure record and the list of seizure;

1. A report on investigation (with respect to black boxes and video images);

1. Application of Acts and subordinate statutes to report sexual assault cases at any school, South and high school;

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

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. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides community service or attend lectures;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a judgment of this case becomes final and conclusive in relation to the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a competent agency

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex crimes) shall be general standards;

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