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(영문) 대구지방법원 2016.12.16 2016고합486
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The Defendant committed an indecent act against the victims of children and juveniles on two occasions as follows.

1. On August 6, 2016, at around 21:00, the Defendant stated that “A victim D (one-year-old, 15 years of age) who is a student who is in the second floor of the Daegu Dong-gu building C, would open a door at a extracurricular teaching school operated by the Defendant, “I am very open,” and when the victim’s am at one time with the victim’s own hand.

2. On August 21, 2016, the Defendant: (a) around 21:00, at around 21:1, the victim E (here, female, 16 years of age) who is a student of the above teaching school intends to leave the school at one time, was at his/her own son.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a record attached to the internal investigation report (the No. 1, 5 of the evidence list);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which provide relevant legal provisions and select punishment for the crimes;

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 prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with heavy circumstances);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to readily conclude that a defendant has the criminal history against an unspecified female in light of the circumstances leading up to the instant crime, the relationship with the victims, the age, character and conduct, occupation, family relationship, and social ties, etc. of the Defendant, which are exempt from disclosure orders and notification orders, and the social benefits expected by disclosure orders and notification orders and the prevention of sexual crimes, as well as the effectiveness thereof.

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