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(영문) 대전지방법원 서산지원 2018.08.29 2018고합27

아동ㆍ청소년의성보호에관한법률위반(준강제추행)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. 아동 ㆍ 청소년 의성보호에 관한 법률위반( 준 강제 추행) 피고인은 2016. 1. 15. 08:00 경 서산시 D에 있는 E 사우나 남탕 수면 실에서 아동 ㆍ 청소년인 피해자 F( 가명, 16세) 이 잠을 자고 있는 것을 발견하고, 피해자의 옆으로 다가가 혀로 피해자의 가슴을 핥고, 피해자의 입에 키스를 하여 피해자의 항거 불능 상태를 이용하여 아동 ㆍ 청소년인 피해자를 추행하였다.

2. A quasi-indecent act: (a) on January 28, 2018, the Defendant discovered that the victim I (the family name, the age of 23) brying room brying brying brying brying brying brying brying brying brying brying brying brying brying brying brying brying brying brying frying brying brying brying brying brying brying brying brying brying brying

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

112. 112. Reports processing table, and replys to each request for appraisal; and

1. Application of each investigation report (the No. 8, 10, 17, and 18 of the evidence list), each internal investigation report (the evidence list No. 4, 7) and each internal investigation report (the evidence list No. 5

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) An indecent act committed by force against the victim F: Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act;

(b) Indecent conduct by force against victim I: Articles 299 and 298 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be within the extent that the sum of the long-term punishments of each crime above the punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, heavier punishment, is added];

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 grounds for sentencing).

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds of the following sentencing):

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;