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(영문) 대전지방법원 천안지원 2018.05.30 2018고합61
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 25, 2018, the Defendant discovered the victim E (one-six years of age) who, while drinking alcohol at the D Park E Park Ba-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon on March 25, 2018, takes a fluoral and fluoral care alone while drinking alcohol on the D Park Ba-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and changed Chinese language to teach Chinese language, and accessed the female, and then talked in Korean language, the Defendant fluored the victim's flab by hand, and the victim "hurk humb."

”라고 하며 피고인의 팔을 밀어내자 손으로 피해자의 왼쪽 볼을 쓰다듬고, 피해자에게 술과 담배를 권하였는데 피해자가 거부하며 그 자리를 떠나려고 하자 손으로 피해자의 팔을 잡아끌어 피고인을 마주하게 몸을 돌린 다음 피해자를 껴안으며 혀로 피해자의 오른쪽 귀를 2~3 초 간 핥았다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV images CDs for crime prevention and on-site photographs statutes;

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 for the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing criteria [types] The crimes of forced indecent conduct (subject to 13 years or more) in the form of two types (in the case of forced indecent conduct, such as forced indecent conduct/special coercion by blood and intrusion into residence), the basic area [the scope of the recommended punishment], the standards for specification between August and April April 3: Juvenile indecent conduct (including indecent conduct by deceptive means and force) shall be included in the two types, but the upper limit and lower limit of the sentence shall be reduced to 2/3;

3. Determination of sentence: One year and eight months of imprisonment with prison labor, and three years of suspended sentence are crimes of this case committed by an indecent act against a juvenile, and the crime is deemed bad;

The defendant.

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