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(영문) 대구지방법원 경주지원 2015.05.29 2014고합91

아동ㆍ청소년의성보호에관한법률위반(준유사성행위)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person who works as an engineer in D in racing-si Co., Ltd.

On May 5, 2014, at around 184, the Defendant: (a) around the bus terminal located on the river side of the Si bus on May 5, 2014, the Defendant was able to take the victim E (V, 13 years of age) and the male-friendly job training F as passengers.

The victim and F stated that the defendant would have been accommodated in the area of accommodation, and the defendant did not have been accommodated in the area near the bus terminal in the port of call, but did not find accommodation.

On the same day, at around 03:00 on the same day, the defendant moved to the defendant's residence in the G Building 205, and immediately went out of the business.

At around 05:30 on the same day, the defendant returned to the above residence, and confirmed that the victim and F were diving, and had mind that the victim's chests, fry, etc. are delivered.

The defendant, who was locked above her bed, was her finger by the victim's her bed, was her breast, and was her finger by her bed with panty, and then her bed into her bed with her bed.

As a result, the defendant used the state of mental disorder of the victim who is a child or juvenile who is locked, thereby putting the fingers into the sexual intercourse of the female.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose or notify;