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(영문) 대구지방법원 김천지원 2016.04.19 2016고합16
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated the “D driving school” in G, G, B, and completed a subject of education for the students of a driving school, and the victim E (V, 15 years old) is a student of the above driving school.

On November 30, 2015, from around 18:00 to 18:30 on the same day, the Defendant dump 2 of the pertinent private teaching institute, and from around November 30, 2015, from around 18:00 to around 18:30 on the same day, the Defendant dump bucks around the victim’s right hand on the part of the victim’s right buckbucks, and dump bucks inside the victim’s hand, and dump bucks inside the victim’s body.

Accordingly, the Defendant committed an indecent act against the victim who is a child or juvenile under his/her protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of investigation reports (recording and painting of the victim's images, accompanied by a transcript, field photographs and business registration certificates), pictures, stenographic records, photographs, and business registration certificates, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 18, 34 (2) 7 and 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant’s age, family environment, social ties, criminal records, and the risk of recidivism (no criminal record exists) recognized in the record, and other profits and preventive effects expected by the order to disclose or notify this case, and any disadvantages and side effects therefrom, etc.

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