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(영문) 대구지방법원 경주지원 2014.04.18 2014고합9
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

On November 17, 2013, at around 14:00, the applicant for attachment order (hereinafter referred to as the "defendant") purchased the victim D (nive, 15 years of age)'s flive disease in Samsung-si and reported to be mixed with the victim who purchased the clive disease in the clive of the victim D (nive, 15 years of age).

The defendant confirmed the fact that the victim's defect "I will see that the victim is mixed, because he does not have any balance," sees the victim's mind to force indecent acts by compulsion, sits on the victim's side, and then the victim "the thickness of a water science marries", knife the victim's hand with his head and knife the victim's hand and the head.

The Defendant continued to cause the victim to be forced, and tried to keep the victim out of her body and write her m, her m, etc. with his/her son, and tried to have the victim cut off his/her body.

The Defendant stored a number by informing the victim of his mobile phone number so that the victim does not want to do so, and then stored the number. “At each weekend, the Defendant forced the victim to have his son, son, or son or son, and forced him to have his son’s son’s son’s son and son’s son’s son’s son.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

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 criminal facts, the applicable Act on the Protection of Children and Juveniles against Sexual Abuse;

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 repeated in favor of the reasons for sentencing);

1. The main sentence of Article 21 (4) and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the protection of children and juveniles against sexual abuse;

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