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(영문) 대구지방법원 의성지원 2018.02.13 2017고합25

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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 September 29, 2017, the Defendant employed the victim juvenile D(18 tax) and E (16 tax) as a daily worker to gather mushrooms in the vicinity of C, the Cheongsong-gun, the Cheongsong-gun, the Cheongsong-gun, the around 21:00, and collected mushrooms together, and entered the YY and made a rest with the victims.

At that place, the Defendant: “I am I am I am I am I Do” on the victim D; “I am I am am I am am I am am I am am am I am am.”

In addition, the victim E, who was next to the defendant, reported the defendant's act and took the body outside the play, with the victim E's hand, and the victim's sexual organ was met with the victim's clothes.

On October 5, 2017, the Defendant reported the Victim H (16) of the Victim’s Youth H, an employee of the G cafeteria located in the Cheongong-gun F of the Cheongbuk-gun, around 09:00 on October 5, 2017, and followed by the Victim’s second hand, she rhumd the Victim’s chest with both hand, and rhumd the Victim’s chest and rhumd with the Victim’s chest.

Accordingly, the defendant committed an indecent act against the victims of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to D, E, and H;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity (hereinafter “the grounds for sentencing”)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Where a conviction becomes final and conclusive for each crime described in the judgment of the defendant who has registered personal information under Articles 21(2) and 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be subject to the punishment, etc. of sexual crimes.