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(영문) 대구지방법원 서부지원 2019.05.30 2018고합208

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year 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 and the victim B(here) are the only gap between the defendant and the victim at the Daegu North Korean Human Rights Council in 2012.

1. On September 1, 2012, the Defendant: (a) opened the victim’s chests in the vicinity of the victim’s (age 17) in Daegu-gu, Daegu-gu, and divided the conversations by opening the victim’s seat at the end of the end of September 2012; and (b) opened the part of the victim’s chests with a hard-to-face going back with the victim’s back, such as the victim’s own victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On December 10, 2013, between 13:00 to 17:00 on December 10, 2013, the Defendant showed the Defendant’s left bloodline of the Defendant who was unfastened to the victim (the age of 18) in the north-gu mid-gu (the age of 18) in a fluorial car page near the middle-gu mid-gu (hereinafter referred to as “this fluort fluort fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor).

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Each legal statement of witness B and E;

1. Each investigation report (the sequence 4, 19, 21, 26 of the evidence list);

1. Application of Acts and subordinate statutes of a copy of medical records concerning B;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act (amended by Act No. 11572, Sep. 18, 2012); Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act (amended by Act on the Protection of Children and Juveniles against Sexual Abuse); Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act [the]

1. From among the concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse on December 10, 2013, which is heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable sentencing grounds):

1. The grounds for sentencing in favor of Article 62(1) of the Criminal Act are as follows.