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(영문) 대전지방법원 논산지원 2015.12.09 2015고합45

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

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 a disabled person of Grade II with intellectual disability, and the victim C (the 13-year old age) did not have a well-known place in the state of birth, and the victim's studio was cut off by the victim's request of D for male-child custody.

1. Around 00:10 on June 16, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) put a victim, who was divingd from the Defendant’s home floor located E, on the ground that he was aware of the victim, was placed on the bed, put him into the bed, panty, and then put him into the bed, and then put his hand into the bed part of the victim’s sound, and committed a similar act in the sexual flag of the juvenile victim.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On June 16, 2015, at around 09:00 on June 16, 2015, the Defendant committed an indecent act against the victim, who was a juvenile, by forcing the victim to commit an indecent act by forcing the victim, by making the victim, etc. kne kel kel kelel kelel kelel kelel kelel kelel kelkel kel, by inserting his hand with a gap between the victim, etc.

B. On June 16, 2015, at around 11:30 on June 16, 2015, the Defendant intending to commit an indecent act by force against a juvenile, by holding a seat of the victim who was seated in the room and reported on a mobile phone, and taking the victim’s face in his/her hand, and taking the victim’s face into custody, and refusing to take the Defendant’s hand. However, the Defendant attempted to commit an indecent act by force against the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to stenographic records (C or provisional names);

1. Relevant legal provisions on criminal facts, Article 7(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the act of similarity with juveniles), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7(6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the attempted indecent act by compulsion by juveniles.