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(영문) 대구지방법원 김천지원 2015.10.06 2015고합52

아동ㆍ청소년의성보호에관한법률위반(유사성행위)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is between the victim C(17 years of age) and the East Neline.

At around 02:00 on January 1, 2015, the Defendant returned alcohol to E in front of the Sinsi-si, and the Defendant continued to play and interfere with returning home without attaching the victim’s name and leather.

Accordingly, the victim called "to report to the police in tending," and the 112 report, and the defendant added the victim's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's

Accordingly, the Defendant committed an act of inserting part of body, such as fingers, etc., to a child or juvenile by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant 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 extenuating circumstances among the reasons for sentencing);

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

1. The crime of this case on the grounds of sentencing under Article 49(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the defendant, who is a juvenile of 17 years of age, was sealed into the wall to put the victim's finger into the victim's resistance, and the nature and method of the crime are heavy in light of the contents of the crime and the method of the crime.

On the other hand, the defendant reflects his mistake, and the defendant seems to have committed the crime of this case by contingency, and the type of the defendant exercised at the time of this case.