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(영문) 대구지방법원 서부지원 2019.02.14 2018고합185

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Basic Facts] The Defendant, from around 2005 to around 2005, was a person who is going to practice guidance while attending the Daegu Seo-gu B, and the victim D (one-seven years of age) was a person who was going to the above leader from March 2018 and was engaged in practice and training from the Defendant.

From March 2018, the victim had been frightened by the defendant from around 2018 when she got off the victim in the process of training with the victim at any time.

【Criminal Facts】

피고인은 2018. 6. 4. 17:40경 위 유도관에서, 피해자와 대련하면서 피해자에게 기술을 걸어 피해자를 바닥에 넘어뜨린 후 피해자를 위에서 누른 상태에서 피해자의 귀를 깨물고, 계속하여 피해자의 유도복 앞섶이 벌어진 틈을 타 피해자의 오른쪽 가슴을 깨물고, 피해자와 두 번째 대련을 하면서도 피해자에게 기술을 걸어 피해자를 바닥에 넘어뜨린 후 다시 피해자의 왼쪽 가슴과 오른쪽 가슴을 1회씩 깨물었다.

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

Summary of Evidence

1. Legal statement of witness D;

1. Preparation and report of a record, and stenographic records;

1. Application of Acts and subordinate statutes to photographs before crime scene;

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;

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

1. There is no record of punishment for a sex offense before the instant crime was committed, and the criminal punishment and registration of personal information of the Defendant, and the completion of sexual assault treatment programs alone are effective to prevent the recidivism of the Defendant.