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(영문) 대구지방법원 2017.05.12 2016고합611
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 2014, 2014, the Defendant: (a) at the D’s singing room located in Daegu-gu, Daegu-gu, Police Officer, the Defendant: (b) had a woman-friendly room with his or her woman-friendly job offers E and his or her child-friendly job offers F (the age of 17), and (c) had the victim’s chests on one occasion with his or her own entrance, while singing together with the victim F (the age of 17).

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (victim telephone investigation);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children obliged to provide community service or attend lectures;

1. It is deemed that a child exempted from an order of disclosure and notification has the effect of preventing the defendant from recommitting a crime, even in the case of registering personal information ordered by this court and taking lectures to treat sexual assault, which is the fact that there is no criminal history for the defendant;

In addition to the fact that the defendant's age, family environment, social relation, occupation, background and result of the crime in this case, considering the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order in this case, the prevention effect of sexual crimes that can be achieved therefrom, and the effect of protecting the victim from sexual crimes, there are special circumstances that may not disclose or notify the defendant's personal information.

[Judgment] Grounds for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 15 years;

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