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(영문) 대구지방법원 포항지원 2016.05.16 2015고합131

아동ㆍ청소년의성보호에관한법률위반(유사성행위)

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 26, 2015, the Defendant met the victim in front of the Defendant’s residence located in the north-gu, Ma on May 26, 2015, 21:50, the Defendant sent the victim to the F middle school located in the north-gu, Ma at the port of port with the victim, and went to the middle school located in the north-gu, Ma at the F middle school event, and called the victim “the victim would go to the G church located in the vicinity of the day,” and the victim came to go to go to the art distribution of the G church located in the north-gu, Y at around 22:00 on the same day.

Defendant 1 stated that he was forced to use the victim's body while sitting with the victim in the above church distribution, was the victim's mind that he would not be from the victim's body while drunking the victim's entrance, but continued to use the victim's chest as the clothes of the victim's body, forced the victim to leave the victim's chest, forced the victim's hand, forced the victim to resist, and prevented the victim's face, leaving the victim's face, and forced the victim's resistance, and putting the victim's chest into the victim's body. After suppressing the victim's resistance, the Defendant 1 took her chest and her clothes and her clothes, and laid down his finger into the victim's sexual organ.

As a result, the defendant included a part of body such as fingers, etc. in the sexual organ of a juvenile victim.

Summary of Evidence

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

1. Application of the statutes on the statements of the victim recorded in video recording CDs;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The exemption from disclosure notification order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, social ties, criminal records, and the degree of risk of recidivism of the accused recognized as recorded, and the disclosure notification order of this case is issued;