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(영문) 대구지방법원 의성지원 2013.05.07 2013고합6
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") is a person who performs his/her duties in the "E bath" located in Gyeongbuk-gun D.

On March 6, 2013, at around 18:45, the Defendant: (a) discovered the Victim F (Nam, 13 years old) who was a child or juvenile who was a guest; (b) attempted to commit an indecent act against the victim; and (c) led the victim to the victim, saying, “I will be pushed down in a fake,” thereby inducing the victim to use his/her secret.

After that, the defendant, in a case of the victim's face who is fluent in her beds, said that "I do not fluently fluently, fluently fluently fluent to the parent, and fluent fluent fly fluen fly fluen." The defendant fludddly fened the victim's sexual organ by her hand, and her fluently fluend by her hand, followed the victim's sexual organ on the victim's sexual organ and added the victim's sexual organ into the victim's anus, but did not enter the victim's fluen.

In addition, the defendant lowered down the bed and made the victim dump, and added the fingers to the victim's resistance, while making the sump as a sump.

Accordingly, the defendant threatened the victim who is a child or juvenile, thereby putting the victim's finger in the victim's resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Investigation reports (Attachment of On-the-spot photographs) and the application of statutes;

1. Article 7(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts

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

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Matters concerning the protection of children and juveniles against sexual traffic who were ordered to disclose;

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