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(영문) 대전지방법원 천안지원 2015.11.11 2015고합189
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for one year.

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 is a person committing Taekwondo in the Cgymna, and the victim D (n, 15 years old) was a student who received instructions from the defendant in the above gymnasium, and the student was allowed to attend the gymnasium for two days.

At around 07:00 on May 31, 2015, the Defendant reported the victim's appearance in the toilet through a gymnasium, etc. with the head of Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, with a gymnasium, while drinking alcohol, and gymnasium in the toilet through a female room. On the same premise, the Defendant dymnasium and fysiums the victim's breast-gu and gym with the victim's left hand, and gymnasiumed the victim's breast-gu and gymn with the victim's breast-gu. At around 10:00 on the same day, the Defendant dymnas the victim's face again gym in the victim's hands, and gymnasiumed the victim's sexual panty, and gymd the victim's sexual organ.

Accordingly, the Defendant committed an indecent act by force against a child or juvenile who has been unable to resist on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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 extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. It is readily concluded that the Defendant is highly likely to recommit sex crimes again in light of the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the degree of indecent act is relatively small.

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