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(영문) 대구지방법원 2018.01.12 2017고합482
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 11, 2017, the Defendant and the claimant for an order to observe the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Defendant”) committed an indecent act by force against the victim by reporting the victim D, a child or juvenile who had completed the class of a private teaching institute and returned home to the school at the Daegu-gu, Daegu-gu, Daegu-gu, about 19:00, on September 11, 2017.

2. The Defendant, on September 11, 2017, committed an indecent act by force, in Daegu Dong-gu E, Daegu-gu, about 19:51, reported the victim F (one-nine years of age), who was home and was in his/her own hand, and committed an indecent act by force against the victim, by making the victim’s chest part of his/her chest only once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the occupation of indecent act against children and juveniles, the choice of imprisonment), and Article 298 of the Criminal Act (the occupation of indecent act by force and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the extent that the sum of the long-term punishments of the crimes specified for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to observe the protection;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, 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 (the fact that the defendant both recognizes and reflects his/her crime, and is the first offender).

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