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(영문) 대구지방법원 2019.02.20 2018고합460
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant worked as a criminal in the C Teaching Institute in Daegu Suwon-gu B, and the victim D (V, 15 years old) was the original student of the above C Teaching Institute.

1. On November 13, 2017, the Defendant: (a) around 22:30 on November 13, 2017, the Defendant: (b) on the vehicle of Lone Star Driving Institute that was parked on the front road in the Daegu Suwon-gu E, and said, “The Defendant would be adequate for the Defendant to knee and pay back the knee of the Defendant; and (c) it would be too good for the Defendant; and (d) the Defendant was the victim who was under the influence of the victim.”

2. 피고인은 2017. 12. 말 22:30경 위 F여고 앞 도로에 주차된 스타렉스 학원 차량 내에서 피해자가 피고인의 무릎을 베고 눕자 피해자의 상의 속으로 손을 넣어 피해자의 배를 만지려고 하여 피해자가 피고인의 손을 뿌리치자 “니 배 모찌떡 같다”라고 말하며 손으로 피해자의 가슴 아래쪽 배 부위를 주무르듯이 만졌다.

Accordingly, the defendant committed an indecent act on the part of the victim who is a child or juvenile on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (the letters sent by the mother of the defendant to the mother of the victim);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Articles 18 and 34 (2) 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of which is applicable to the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure and notification, and

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