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(영문) 대구지방법원 서부지원 2018.05.24 2018고합74

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the first time to view the apartment complex as a resident in the apartment complex, such as the victim C (V, 12) who is a child and the victim D (11) who is a child.

1. On February 6, 2018, the Defendant was at issue with the Victim C (Fisher, 12 years of age) in the Daegu-gu E elevator, Daegu-gu, Daegu-gu, Seoul-gu, about 12:40 on February 6, 2018, and the Defendant was under the influence of alcohol, and “Is the Defendant would have sufficient 10,000 won of the Fisher C,” and “Is the Republic of Korea,” “Is the Republic of Korea,”

As the term "the injured party was called as the Gu stone, I tried to attract the injured party to his own arms."

Accordingly, the defendant committed an indecent act against the victim who is a child.

2. The Defendant, as of the day before around 12:50 on which it was identical to that of the preceding paragraph, found in the elevator E in apartment E, △△△dong, with the victim D (11). The Defendant, under the influence of alcohol, had the victim buy the phone without the phone.

The phrase "branc dialogues and herer" refers to the victim's her own body that gets the victim into the two arms, put the victim's her chest into the upper part, take the victim's her chest in the upper part, and pushed the victim's her body in the upper part.

Accordingly, the defendant committed an indecent act against the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of the Acts and subordinate statutes to investigation reports (the confirmation and attachment of CCTV images for committing a crime);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (the occupation of indecent acts against children and juveniles by force and the choice of punishment by imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Heavy D];

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which include the observation of protection and order to provide community service and attend lectures;

1. An order of disclosure; and