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(영문) 대전지방법원 2013.09.05 2013고합245

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

The defendant was frequently traveling from before several years to his father E's work platform of the victim D (the 16-year old age), and was frequently traveling from his family. On January 1, 2013, the defendant, at the room of the victim of the F apartment unit of Daejeon Sung-gu F apartment on January 1, 2013, the victim refused to "I d'," but the victim forced the victim to be brought to the victim by force, put his hand into the clothes, put his hand into the clothes, put his hand into the kn's kn's kn's kn's kn's kn', and committed an indecent act by force.

From January 1, 2013 to February 17, 2013, the Defendant, along with this, committed an indecent act by force on three occasions against a victim who is a child or youth, as described in the attached Table Nos. 1, 2, and 5, and committed an act of injecting part of the body of the Defendant in the sexual term of the victim who is a child or youth, by assault or intimidation over four occasions, such as the attached Table Nos. 3, 4, 6, and 7.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, G, H, and I;

1. Article 7 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, and Article 7 (2) 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, each of which is applicable to criminal facts and the choice of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar Acts)] among concurrent crimes;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant is exempt from the disclosure order and notification order, and the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.