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(영문) 대구지방법원 포항지원 2016.08.22 2016고합31
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Child Reinstatement Act (sexual harassment, etc. against a child);

A. On December 1, 2015, the Defendant: (a) 14:20 on December 2015, 2015, at a “D resting place” bicycle rental store operated by the Defendant, located in North-gu, Northern-gu C, as a customer, to the Victim E (V, 17 years of age) who was found as a male-child.

It is the age of a large number of male ditches, which has yet to be judged once.

“.....”

B. On January 3, 2016, the Defendant: (a) around 14:30, at the above bicycle rental store, the Defendant “does much water” to the victim.

“.....”

Accordingly, the defendant committed sexual harassment that causes sexual humiliation to children under 18 years of age over twice.

2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse shall enter the date and time set forth in paragraph (1) of this Article, and at the place where the Defendant entered the victim into the F speech room, resulting in the victim’s sexual organ one time by hand after holding the victim’s seat.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Act on the Protection of Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), Article 71(1)2 and Article 17 subparag. 2 of the Act on the Place of Child Uniforms (the occupation of child sexual harassment and the choice of imprisonment, respectively);

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

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. An order of disclosure or notification is exempt from the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, social ties, criminal records, and the degree of risk of recidivism of the accused recognized as recorded, and the order of disclosure or notification in the instant case;

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