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(영문) 대구지방법원 2018.01.19 2017고합438
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 25, 2017, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) committed on March 25, 2017, when examining the victim D (V, 15 years of age) from around 13:17 around March 25, 2017, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) came into 309 Dong-gu, Daegu Metropolitan City, North-gu, Daegu Metropolitan City, for self-defense, and considering the victim D (W, 15 years of age), the Defendant did the act of self-defense and, in mind, did the act of self-defense with the victim, did the said apartment residents’ residence by

In this case, the victim committed an indecent act against the victim by force by committing the act of self-defense while getting off the elevator and getting off the elevator.

2. The Defendant committed the crime of May 18, 2017: (a) was at least 309 North-gu Seoul Metropolitan City, Daegu Metropolitan City, on May 18, 2017, and was at least 309, the Defendant committed the act of self-defense; (b) was in mind of committing the act of self-defense with the victim E, and was in mind of committing the act of self-defense; (c) was infusing the said apartment residents’ residence; (d) was infusing the said apartment residents’ house; and (d) was kid by getting out of the victim, etc.; and

The above act and the victim made a patent obscene act in the elevator elevator and the fourth floor corridor where many unspecified people pass through by means of self-defense while getting off the elevator.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Videos of each video CD;

1. Application of each statute on photographs;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of committing an indecent act against children and juveniles by force, the choice of imprisonment), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of each imprisonment), and Article 245 of the Criminal Act (the point of obscenity in public performance and the choice of imprisonment);

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Indecent Acts, such as deceptive means, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment of which is the largest, shall be aggravated (the sum of the long-term punishments for each of the above crimes shall be aggregated;

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