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(영문) 광주지방법원 목포지원 2014.11.27 2014고합140
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 is the father and the father of the victim C (V, 14 years old) who was aware of himself.

1. At around 12:00 on February 2, 2014, the Defendant: (a) found the victim’s house located in Yong-nam Cancer-gun D; (b) opened the room to find out that the victim was locked in the room of his male living; (c) opened the room; and (d) opened the victim’s bucks and tacks and tacks of the victim with the victim while making talk with the victim.

2. At around 11:00 on February 22, 2014, the Defendant discovered that the victim was able to enjoy in his/her room, and entered the room. On the part of the victim, the Defendant met the bucks of the victim himself/herself while making a talk with the victim, and stored his/her hand in his/her clothes with the victim’s hand.

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. Application of the police protocol law to C

1. Article 7 (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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on February 22, 2014, whichever are heavier] among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a criminal facts in the judgment on the registration of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of

The reason for sentencing.

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