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(영문) 광주지방법원 목포지원 2017.12.07 2017고합14
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

The Defendant is a person of his nationality who is a victim C (one person, one person, and fourteen years of age) with his mother D and one person, respectively.

On April 2016, the Defendant tried to show a shower at the home of the Defendant, which was located in Yong-Gun E and 101, in the end of the end of the year, left the body and left the body with the body of the Defendant, and let the victim knife the Defendant’s sexual organ by leading the Defendant’s hand, but the victim was not able to have the Defendant knife the Defendant’s hand.

Accordingly, the defendant attempted to commit an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. The defendant's legal statement;

1. Each legal statement of the witness C (alias), F and G;

1. Legal statements made by witnesses D;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police with regard to C (tentative name);

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

1. A records of statements made by victims or recorded in video recording CDs (142 pages of investigation records) (22 pages of investigation records);

1. A criminal investigation intelligence report;

1. Notice of the result of statement analysis (excluding part concerning statement of a victim);

1. Answer to cooperation in investigation (the 89th page of the investigation records), the place of psychological treatment records (the investigation records shall not exceed 188 pages);

1. Application of Acts and subordinate statutes to protect victimized children, such as an application, a written opinion, a written opinion presented by an application for change, a written investigation prior to a decision, a trial protocol, an ammunition,

1. Relevant Article 7 (6) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting the crime;

1. Article 25 (2) and Article 55 (1) 3 (Attempted Crimes of Disability) of the Criminal Act mitigated by law;

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

1. Where a conviction becomes final and conclusive on the facts charged in the judgment on the registration of personal information of Article 21(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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