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(영문) 대구지방법원 서부지원 2016.01.28 2015고합149

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 19, 2015, the Defendant found the victim E (V, 15 years of age) who was waiting for a bus to move to a school at a bus stops located in Gyeong-gun, Sung-gun, Sung-gun, G around 07:05, and will move to a school.

the defendant was driven.

The F Kank's knife knife knife knife the victim.

Defendant 1, while driving the said van on the same day at around 07:10, around 07:10 on the same day, she opened a motor vehicle with the left hand on the road between Daegu-gun: G to Daegu-gun to remove the Defendant’s abundr by cutting off and shaking the Defendant’s abundance, and then, the Defendant 1 did not think that the Defendant she was unshot every day;

Whether such male is also good;

Does it be thought that the money would be punished.

“...”

Accordingly, the Defendant committed indecent acts against children by force.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Police statements prepared in E;

1. Investigation reports (to attach video recording and recording records to victims E), the application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the point of committing an indecent act against children by force and the choice of imprisonment) concerning criminal facts;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Where a conviction becomes final and conclusive as to the facts constituting a crime against a defendant who has registered personal information under Articles 49(1)1 and 50(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of the penalty;