(영문) 대구지방법원 2015.11.06 2013고합338

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(영문) 대구지방법원 2015.11.06 2013고합338

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

"2013 Gohap38"

1. On March 15, 2013, the Defendant, at around 01:30 on March 15, 2013, carried out drinking in the studio of a female-friendly victim E (the 16-year old age) of the Defendant’s friendly fluorous D, Daegu North-gu, Daegu, 302.

The defendant found the victim who was mixed on the above studio rooftop and opened the open room. The defendant tried to catch the victim's hyp and forced the victim's hyp by driving the victim's hyp with the victim's hyp.

In other words, the defendant said that "A will see," and that "A will see," brought the victim's wall, and became aware of the defective victim who intends to cover the defendant's wall, and tried to remove the defendant's hand from the victim's chest, and the defendant tried to remove the defendant's hand from the victim's chest, at one time the head of the victim's cell.

After the victim divings, the victim has carried water in order to have the defendant shoulder in the manner of drinking, and the defendant sits next to the defendant, and the defendant has reached a part of the victim's sound above half the victim's knife by hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

"2015 Gohap291"

2. The Defendant is a person who was working as an employee at the “H convenience store” of the victim G management in Daegu Northern-gu, Seoul, as an employee.

At around 23:55 on October 18, 2013, the Defendant embezzled cash worth KRW 1.3 million, which was in cash custody in business, using an opportunity to work as mixed at the above convenience store.

Summary of Evidence

"2013 Gohap38"

1. Each legal statement of a witness, I, J, and K;

1. E’s statement 1) recorded in the video recordings (Evidence No. 1);

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of statutes on business registration certificates;

1. Relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse, which are the choice of criminal facts and punishment.

참조조문

-청소년의 성보호에 관한 법률

유사 판례

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