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(영문) 대구지방법원 2014.05.02 2013고합555
아동ㆍ청소년의성보호에관한법률위반(강간등)등
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

1. On October 15, 2013, at around 11:00, the Defendant: (a) deemed the victim E (the 22 years of age) hospitalized in the hospital at the first floor of the D Hospital in Daegu-gu, Daegu-gu, as being in front of the event at the hospital’s first floor, that the victim E (the 22 years of age) was in front of the event; and (b) deemed the victim as “exploiting,” and the victim’s her son was exposed to the victim’s her seat.

Accordingly, the defendant committed indecent acts by force against the victim.

2. On October 15, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion) committed by the Defendant on the first floor of the D Hospital 1st, Daegu-gu, Daegu-gu, on October 14, 2013, by viewing that the victim F, who is hospitalized in the above hospital, was in the vicinity of the event at the time of the instant hospital, was in the vicinity of the event at the time of the instant hospital (the age of 17) and causing a sudden desire for the victim, and then the victim’s son was her

Accordingly, the defendant committed indecent acts by force against the juvenile victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to written E;

1. The statutory provisions of Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act and the choice of imprisonment with labor for each crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of each offense prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is heavier) ;

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the Defendant’s assertion does not have any fact about the date and place indicated in the facts constituting the crime No. 1 as indicated in the judgment, and the victim E’s amblock is only the Defendant.

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