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(영문) 광주지방법원 목포지원 2015.06.25 2015고합72
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

On December 4, 2014, the Defendant: (a) around 23:50 on 23:50 on Mapo-si C00 on Mapo-si, one’s own female-friendly group D and female-friendly group E (here, 16 years of age) used to drink and enjoy alcohol; (b) reported that the victim was locked; and (c) had the mind to commit an indecent act against the victim by using it.

The Defendant: (a) putting the grandchildren into the inner part of the victim, who was unable to resist; (b) putting the fingers of the victim into the inner part of the victim; (c) putting the fingers into the panty of the victim; and (d) putting the fingers of the victim into the panty of the victim; and (c) committed an indecent act by putting the victim’s sexual organ into the victim’s inner part of the victim’s body.

Accordingly, the Defendant committed indecent act against the victim who is a child or juvenile in a state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the E’s statement recorded CDs two Acts and subordinate statutes;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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. The defendant is found guilty of the crime committed in the judgment on the registration of personal information of the defendant, in full view of his/her age, occupation, family environment, social ties, previous convictions (no record of punishment for the crime of the same kind) and the risk of recidivism, and other various circumstances, such as the benefits and preventive effects expected by the disclosure order or notification order of this case, disadvantage and side effects, etc., where the defendant's personal information is not disclosed or notified.

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