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(영문) 대전지방법원 2016.04.14 2015고합331
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. On June 11, 2015, around D convenience stores located in the Special Self-Governing City of Sejong, the Defendant discovered the victim E (a person under 16 years of age) in front of the D convenience stores in the Special Self-Governing City of Sejong, and sought access to the victim, stating that “the victim is under stress and biased,” and then, sought to see the victim’s shoulder part of the victim’s shoulder, “a person under low pressure.”

As a result, the defendant committed an indecent act against the victim who is a juvenile.

2. On June 11, 2015, around the above convenience point, the Defendant discovered the victim F (one hundred and sixty years of age) who is going to attend the school, and accessed the victim by stating that “The victim is now a few years of age,” and then became a negative part of the victim by using the gap in which the victim reported a mobile phone.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police stenographic record of E and F;

1. Application of the respective Acts and subordinate statutes of G and H

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

1. An 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 [an aggravated punishment for concurrent crimes prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse against Victims F with heavy circumstances];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of committing any crime punishable by any sexual crime, and the registration of personal information of the defendant and the treatment program for sexual assault.

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