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(영문) 광주지방법원 순천지원 2016.01.21 2015고합168
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On April 30, 2015, the Defendant is a person who was sentenced to a suspended sentence of one year and six months of imprisonment and three years of suspension of execution on May 8, 2015 by the Gwangju High Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the judgment becomes final and conclusive on May 8, 2015.

On August 29, 2015, around 15:55, the Defendant, in front of the D gas station in 15:5, on the ground that it is not easy for the victim E (15 years) to cut to himself who was crossing this without permission, and makes the victim take a fright by face-to-face talk with the name of the brue or ship of the victim who is well fighting and talks with him, and then making the victim take a frighten with the victim, and then, she will put him to frighten.

“The victim moves the victim to a public toilet in the building of the gas station in the above D.”

At around 16:15 on the same day, the defendant had the victim enter the first male side column of the above toilet, and enter the door, locking the victim's door, and leaving the victim's door if he does not want to answer.

“After suppressing the resistance, the victim shall be forced to immediately leave the Defendant’s sexual organ, and the victim shall continue to turn the victim to the right side, inserting the Defendant’s right side door into the victim’s port, and then making the victim prompt into the victim’s sexual flag and resistance.

As a result, the defendant puts the defendant's sexual organ into the mouth of the victim who is a child or juvenile, and puts the defendant's finger in the victim's resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of statements of victims;

1. Previous convictions: Inquiry of criminal history, investigation report (Attachment of the same criminal record as the suspect's judgment), application of the statutes of the judgment;

1. Article 7 (2) 1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant crime;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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