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(영문) 대구지방법원 2016.02.05 2015고합404
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 17, 2014, the Defendant, as a foreign worker of Indonesia nationality, was engaged in daily work, such as mass-frequency packaging and transportation, at the human resources office located in Youngcheon-si C without returning to the Republic of Korea after the expiration of the period of stay.

around 13:00 on August 6, 2015, the Defendant accessed the “F” convenience store near the E University located in Sinsan City, to the victim G (n, 18 years of age) who was confisced, the Defendant was going to the Defendant’s house located in Sinsan-si, with the knowledge that the victim did not go to the home, and the victim was well aware of the fact that he was a juvenile.

At around 01:00 on August 26, 2015, the Defendant was able to look at both the chests and sons of the victim who was divingd at the above house, and even though the victim was refused to do so, the Defendant became her chests and sons and sons of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. G’s statement recorded in video recording materials (Evidence No. 11);

1. A report on investigation (attaching photographs for on-site verification);

1. Application of Acts and subordinate statutes on records of foreigners registered;

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. The proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from order to complete a program (the defendant is unable to expect the effect of recidivism due to a foreigner’s failure to communicate in Korean because communication with Korean language is not smooth, under special circumstances where the

I think)

1. The exemption from the disclosure order and notification order is the character and conduct of the accused through the fact that the accused has no record of domestic crime and the convict life, which is exempted from the disclosure order and notification order.

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