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(영문) 대구지방법원 포항지원 2017.11.09 2017고합50
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the victim C (n, 16 years of age) and part-time, both of which are the victim C (n, 16 years of age).

On May 3, 2017, the Defendant d and E elementary school parking lots located in the south-gu, Nam-gu, Ma on May 3, 2017 at the port of 02:00, the Defendant kid itself by the victim, kid the victim's sound outside panty, kid the victim's panty, kid and panty panty panty, and sweed out the panty.

“The victim’s timbered the victim’s resistance, and forced the victim to put his sexual organ into the victim’s entrance, thereby committing similar rape.

Accordingly, the defendant committed similar acts to the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. In full view of the following circumstances: (a) 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 (the crime of this case is not an offense against an unspecified person; (b) the Defendant has no record of sex offense; and (c) the Defendant’s age, family environment, social relationship, degree of risk of recidivism; (d) the benefits and preventive effects expected from the disclosure disclosure notification order of this case; and (e) disadvantages and side effects therefrom; and (e) the registration of personal information of this case and the order to attend

there are special circumstances in which disclosure of the personal information of the defendant shall not be disclosed.

The reason for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years and six months;

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