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(영문) 대구지방법원 2013.04.05 2012고합897
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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A defendant shall be punished by imprisonment for six months.

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

On March 15, 2012, around 15:00, the Defendant found that the victim E (here, 12 years of age) in front of the Dialenda near Yongcheon-si, Youngcheon-gu, Seoul, had her son her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Each statement of witness E and F in the fourth trial record;

1. Statement to the effect that there is a face with a victim among the suspect interrogation records prepared by the public prosecutor;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs of suspects), report on internal investigation (to file written opinions of experts on analysis of statements of victims);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (including the circumstances leading to a crime and the fact that the degree of an indecent act is weak);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. The defendant and his/her defense counsel asserted that the victim's body did not dance until this court at the investigation stage, as to Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

However, according to the above evidence, the victim E stated in the court that the defendant was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with

(On the other hand, according to the statement of the police protocol prepared by the defendant, the defendant stated that almost she was her mother and her with her eye when going out.).

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