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(영문) 창원지방법원 밀양지원 2018.05.18 2018고합1
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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, the father of the Victim C (M, D) was the deceased birth of E, the father of the Victim C (M, D), and attempted the Victim’s life from time to time upon E’s request. However, the Defendant committed an indecent act against the Victim, who is a child or juvenile, by force on three occasions as follows, by committing an indecent act against the Victim on the part of the Victim, who was a child or juvenile, by failing to easily refuse or resist the Victim’s demand, or by failing to resist the Victim for the foregoing reason.

1. The Defendant, at around 17:00 on September 2016, 2016, was knee and knee of the victim (13 knee of the victim), knee of the victim, knee of the victim by putting the victim into the victim’s upper part, after the victim’s et al., and met the victim’s chest, by inserting left hand into the victim’s pande, and putting the victim’s pande into the victim’s pande.

2. On September 2016, the Defendant: (a) entered the victim’s room at the place specified in paragraph (1) from the date on September 1, 2016; (b) brought the victim’s chest into the victim’s room; and (c) subsequently, brought the victim’s chest into the victim’s room.

3. On September 9, 2017, at around 06:40, the Defendant entered the victim’s room and sent the victim’s bucks to the victim’s bucks. On September 9, 2017 upon E’s request from the places described in paragraph (1) at around 06:40.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against C and E;

1. The submission of reference materials [This part of the facts charged can be fully acknowledged according to the consistent statement made by the investigative agency] of the law applies to the submission of reference materials [this part of the facts charged, although the defendant asserted that the defendant only limited to the victim's chests and pandes with the victim's clothes above the victim's clothes for the facts charged in the crime described in paragraph 1 and did not contain the victim's fingers in the victim

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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