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(영문) 청주지방법원 충주지원 2019.01.24 2018고합66

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for two years from the date of the final judgment.

Reasons

Criminal facts

On July 5, 2018, the Defendant committed an indecent act against the victim, who is a child or juvenile, by taking advantage of the diagnosis of the victim, who was given treatment to the victim D (n, age 14) at the above hospital clinic on July 10:25, 2018, by taking advantage of the diagnosis of the victim, the Defendant committed an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reduction elements of punishment [special-purpose persons] mitigation elements of punishment [the scope of recommendation and recommendation range] mitigation range, one year and six months from June to three years [the scope of revised recommendation range]] imprisonment year from one year to two years (the scope of revised recommendation type is included in the second category, and the upper limit and lower limit shall be mitigated to 2/3] of the crimes of indecent act by force (the object of the age of 13 or more), and the crimes of indecent act by force (the act of indecent act by force by force by force by relatives) and the second category (the scope of recommendation and recommendation type), which are all included in the second category and the upper limit and lower limit of the punishment range shall be reduced to 2/3);

2. Determination of sentence: One year of imprisonment, and two years of suspended sentence are crimes of this case committed by the defendant with a duty of care as a doctor, and even though the defendant is in a position to protect the patient, it constitutes indecent act by force on the part of the juvenile, which is not good in light of the circumstances of the crime, methods, results, age of the victim, details of the crime, etc.

Furthermore, the victim who was at the time to form a sound sexual identity and values was committed by the crime of this case.