beta
(영문) 대구지방법원 김천지원 2017.09.05 2017고합76

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The punishment of the accused shall be determined by two years of imprisonment.

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

Reasons

Criminal facts

On May 4, 2017, the Defendant, at around 13:55 on May 4, 2017, had the victim E (name, life, 16 years of age) in front of the Gumi-si C, with the mind of committing an indecent act, and the Defendant, the Defendant, who was able to assist the victim in a locked accident.

There seems to be any key to the local government's 2-day trip to Jeju-do.

Since it is not possible to be on the top of the tent of the building, it refers to one time to write the horses, etc., and the victim moved the victim into the said frequency of the building.

In the above building, the defendant does not refuse to cast a end to the end.

The victim's buckbucks are able to write down the victim's buckbucks in the Defendant's shoulder by putting his hand and force against the victim, and the victim's bucks are unfolded, and the victim's bucks are unfolded in the victim's bucks, and even after the victim continued to bucks, "the victim's bucks cannot be confirmed once again" means "the victim's bucks are confirmed once again", and the victim's bucks are added back to the victim's inside, and the victim's bucks are contacted by bucking the victim's buck to the victim's buck.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (limited to attaching data to CCTV images at the scene of crimes) and the Acts and subordinate statutes on CCTV photographs;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

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. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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

1. The reasons for sentencing under Article 49(1)1 of the Act on the Protection of Juveniles against Sexual Abuse and Article 50(1)1 of the Act on the Protection of Juveniles against Sexual Abuse.