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(영문) 창원지방법원 2015.01.08 2014고합149
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 became aware of the victim E (the age of 13) who was a juvenile who was frequently drank in the hospital while hospitalized in the hospital. The defendant became aware of the situation that the victim did not leave the hospital to go out of the hospital.

In this regard, at the D Hospital located in Jingu, Changwon-si on February 21, 2014, the Defendant offered tobacco to the victim with the sprinked on the eight-story rooftop, and led him to the eight-story rooftop, and thus, the Defendant forced the victim to commit an indecent act by forcing the victim by taking charge of the victim's chest who refuses to do so and by taking charge of the victim's chest who refuses to do so. The Defendant stated that "I will do so. I will do so. I will see that I will do so. I will do it. I will do so. I will do it. I will do it. I will do it. I will see. I will do it. I will see. I will do it. I will see. I will do it. I will see. I will do it. I will see. I will.).

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning G;

1. Application of statutes governing stenographic records;

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

1. The grounds for sentencing are as follows: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, occupation, family environment, social relationship, previous conviction, and risk of recidivism recognized as recorded in the record; (b) the victim's intent not to punish the defendant; (c) the benefits and preventive effects expected from the disclosure order or notification order of this case; and (d) disadvantages and side effects therefrom; and (d) the defendant's personal information should not be disclosed or notified.]

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