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(영문) 대전지방법원 2019.07.25 2018고합459
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who associates with the mother of the injured party B (here, 15 years of age).

1. On May 10, 2018, the Defendant, at around 18:00 on May 10, 2018, committed a crime against the victim C (tentative name), committed an indecent act by force against the victim, who drinks with B and the victim C (one-six years of age) in the building D in Daejeon Dong-gu, Daejeon, and the residence in subparagraph (E) B and in the residence in subparagraph (E) B.

The Defendant met the victim's buckbucks that the victim can take part in the floor with the victim's chest by hand, and continue to meet once the victim's chest by hand.

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

2. On May 10, 2018, the Defendant committed a crime against the victims, committed an indecent act by force against the victims who were locked with the victims’ home at the victim B’s residence as stated in the foregoing paragraph (1).

The defendant refers to "the same person........." The defendant met the chest of the victim B in a long-distance, and the victim B refers to "domination," and the victim B met at the victim's own hand, and the victim C met one time.

Accordingly, the defendant committed an indecent act against the victims of children and juveniles by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. Statement made by the police against the victim B;

1. Application of Acts and subordinate statutes, such as a report on internal investigation and criminal records, references to each crime and investigation career data (F, B), references to comprehensive case information (B), and case summary information (B);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment, respectively, with labor or imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure;

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