아동ㆍ청소년의성보호에관한법률위반(강제추행)
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.
Punishment of the crime
The defendant is the father of the victim B (n, 13 years of age) who is the father of the victim C.
At around 09:39 on June 9, 2019, the Defendant: (a) sent a phone to the victim and asked the victim with contact with him. The Defendant: (b) boarded the victim on the vehicle driven by the Defendant before the victim’s home located in Daegu-gu Dong-gu, by driving the vehicle; (c) let the victim get off the vehicle in front of the victim’s home; (d) let the victim take off the vehicle before the victim’s home in the vicinity of the Daegu-gu Suwon-gu, Daegu-gu, and entered the victim into the E heading room; (c) the victim walked the victim into the E heading room; and (d) the victim walked with the above situation, “mar.....”; (c) the frightened victim, which was fright in play, called the above situation, was mashed, and tobacco was dried, and the victim was able to sit on the thalth of the victim’s bridge, and then the victim was able to sit on the thalth of the victim.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement made to F and B;
1. Records of personal counseling;
1. Application of Acts and subordinate statutes to report on investigation (school consultation place);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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 consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50 of the same Act;