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(영문) 전주지방법원 2017.10.26 2017고합155

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

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

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

Reasons

Punishment of the crime

Defendant

And the victim C(13) is a person who was hospitalized in the E hospital located in Kim Jong-si D.

1. From 02:00 to 03:00 on the first day of August 2016, the Defendant exceeded, by hand, the part of the victim who was divingd from the bed, as set forth in the above hospital 415, and met the victim’s sexual organ by hand, and prompted the victim’s sexual organ by entering the area.

2. From 02:00 to 03:00 on the first day of September 2016, the Defendant exceeded, by hand, the part of the victim who was divingd from the bed, as of the instant hospital 411, and met the victim’s sexual organ by hand, and prompted the victim’s sexual organ by entering the area.

3. From September 2016 to March 3, 2016, the Defendant exceeded, from around 02:00 to around 03:00, whether the Defendant was a victim who was diving due to being locked to the bed in the bed in the bed of the above hospital No. 411, and met the victim’s sexual organ by hand, and entered the victim’s sexual organ as soon as possible.

Accordingly, the defendant committed an indecent act on three occasions by using the victim who is a child or juvenile, in a situation where he/she is unable to resist or resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Stenographic records or recording books;

1. Application of Acts and subordinate statutes of subparagraph (C);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the selection of a punishment for the crime, Articles 299 and 298 of the Criminal Act, and the selection of a punishment for imprisonment;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the largest penalty) ;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Children or juveniles who are ordered to disclose or notify;