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(영문) 전주지방법원 2019.05.16 2018고합256
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2018, at around 17:00 on August 6, 2018, the Defendant returned his body to the victim who was sitting behind the Defendant’s wife by using a cresh in which the Defendant’s residence was located in the apartment C, the victim D (the victim D, 16 years of age), along with the Defendant’s wife, and TV together with the Defendant’s wife, did not view the Defendant’s wife.

After the locking, the Defendant, who was the wife of the Defendant, was the head of the Defendant, was the victim, saying, “I do not speak to the wife.” The Defendant, who was the victim, was in charge of both chests to the shoulder of the victim, and her am.

As a result, the defendant committed indecent acts against the child or juvenile victim.

2. On August 18, 2018, the Defendant: (a) around 08:25, at the victim’s residence on August 18, 2018, at the victim’s residence, the victim was “a person like the subsidiary dam,” but the victim was only the victim’s chest with the defect of “a person would not go.”

As a result, the defendant committed indecent acts against the child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, the choice of punishment for a crime;

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;

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

1. The Defendant’s distorted sexual impulses revealed through the instant crime under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are expected to be considerably improved by the principal and incidental disposition imposed on the Defendant. In addition, the Defendant’s age, family environment, social relationship, the process and consequence of the instant crime, and disclosure notification order.

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