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(영문) 대구지방법원 2013.12.13 2013고합424
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around 02:00 on July 20, 2013, the Defendant found the victim E (hereinafter, 16 years of age) and the victim F (16 years of age) of the juveniles who fright to the above convenience point while sitting at the front of the D convenience point in Daegu-gu, Daegu-gu, and drinking, and led them to a close range of time.

After that, the Defendant, in his hand, spucks and spucks of the above E E’s bucks and spucks, respectively, and bucks and spucks of the above F F’s bucks and spucks, etc., followed up the Defendant’s juvenile G (the age of 16) who was found at the same time due to their daily behaviors, committed an indecent act by force against the victims of juveniles.

2. A public performance and obscenity Defendant committed an indecent act as above at the above date, time, place, and so on, which refers to “I Do Do Do Do Do Do.” and his behaviors, and made a public obscenity by exposing her sexual organ by setting clothes and clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. The police suspect interrogation protocol of H;

1. Recording notes;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs exposed to sexual intercourse;

1. Relevant provisions of Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment, respectively, with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with the largest punishment and criminal situation)

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and 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. An order to notify;

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