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(영문) 대전지방법원 2019.05.10 2019고합61
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the patient who is a juvenile of the victim B (the family name, the female, the age of 17).

On September 26, 2018, around 20:0, the Defendant, at Seo-gu, Seo-gu, Daejeon, and the Extracurricular Lessons D, found the victim to drink and drink it.

At around 22:00 on the same day, the Defendant: (a) expressed that the victim’s right side of singing is “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am you am I am I am I am I am.

계속하여 피고인은 같은 날 23:30경 위 과외교습소로 돌아와 쉬고 있던 중, 베란다에서 바람을 쐬고 있는 피해자 뒤로 다가가 피해자의 의사에 반하여 갑자기 “내가 너의 성감대를 찾아 줄께”라고 말하면서 오른손으로 피해자의 왼쪽 가슴을 1회 만지고 양손으로 피해자의 배와 가슴을 1회 만졌다.

Accordingly, the defendant committed an indecent act against the juvenile victim more than twice in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the police officer protocol;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendants of the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have no history of criminal punishment, and this shall apply

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