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(영문) 대구지방법원 2013.10.11 2013고합32
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

1. On October 13, 2012, the Defendant: (a) around 18:00 on October 13, 2012, the victim E (the 15 years old) who was seated in the event at the upper end of the event at the D Park Subdivision in Daegu-gu, Daegu-gu, became her breast at one time on both hand to the victim E (the 15 years old).

The Defendant continued to catch back the back of the victim's rear timbering and resisting the Defendant with his hand, and turned back the victim's chests once again with two descendants.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

2. At around 18:23 on the same day, the Defendant sent the victim to another place in the park after being damaged by the said damage, and she walked towards the bus stops near the park, and the victim she obstructed the front and obstructed the victim from driving ahead of the bus stops, and met both breasts of the victim by both hand.

After that, the defendant was tightly living together with the victim against whom the defendant was sealed and resisted, and the victim was satisfyed by both the victim's satisfy, and the victim was satisfy at one time.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (report F Telephone statement);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, around October 13, 2012, whichever is heavier] among concurrent crimes;

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

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Protection of children or juveniles against sexual traffic who are ordered to notify;

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