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(영문) 수원지방법원 여주지원 2019.10.31 2019고합64
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an assistant nurse working in the C Hospital located in women's city B, and the victim D (the victim 17 years old) is a patient hospitalized in the above hospital and undergone an operation for the franchisium.

On April 8, 2019, at around 10:07, the Defendant disinfected the victim's upper part of the care room E in the above C Hospital, and she saw the victim's breast part of the chest with the victim's knife, knife, knife, knife, and knife the victim's knife by knife the victim's knife, and contacted the victim's knife with the Defendant'

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to output of the F dialogue;

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 with labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Reduction elements of indecent acts by force, such as indecent acts by force or by force, by special indecent acts by force, etc. by relatives [the type 2]] and by force: Where the exercise of tangible force is considerably weak: Crimes committed by employees, such as persons obligated to report or protective facilities, etc. [the area of recommendation and the scope of recommendations] mitigation range, one year to two years [the scope of juvenile indecent acts by force (including deceptive acts and protective facilities) shall be included in the category 2] and the upper and lower limits of the scope of punishment shall be reduced to 2/3];

3. Determination of sentence: The age, character and conduct of the accused in the following circumstances for one year and six months of imprisonment, and three years of suspended sentence;

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