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(영문) 전주지방법원 남원지원 2017.01.12 2016고합31
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2016, the Defendant became aware of the Victim E (n, 18 years of age) who is a child or juvenile through D, and received and sent mobile phone messages with the above victim on September 17, 2016, and first sent the same day on the same day.

At around 15:35 on the same day, the Defendant was able to attract the victim's hand to the second floor male toilet of the F apartment commercial apartment building in Namwon-si, Namwon-si, and knife the victim with a kis, cut off his clothes, and knife the knife with his knife with his knife, and let the victim knife his knife with his knife with his knife with his knife with his knife with his knife, but the victim was unable to get off his knife his knife by knife his knife his knife with his knife with his knife with his kn

As a result, the defendant committed similar acts by putting his/her fingers in the sexual organ of the victim who is a child or juvenile, and committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes on field photographs and the content of G dialogue;

1. Relevant Article of the Act on the Protection of Children and Juveniles from Sexual Abuse and Article 7 (2) 2 of the Act on the Protection of Children and Juveniles from Sexual Abuse (a similar act to juveniles), Article 7 (3) of the Act on the Protection of Children and Juveniles from Sexual Abuse, Article 298 of the Criminal Act (a compulsory indecent act against children and a choice of imprisonment with prison labor) concerning criminal facts;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, of which punishment is heavier);

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 order and notification order under Article 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the defendant's primary and reflects the defendant, and the defendant.

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