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(영문) 부산지방법원 2014.04.25 2014고합67

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

On October 31, 2013, around 21:58, the Defendant: (a) discovered the victim E (here, 16 years of age) who is walking around the D convenience store located in the Busan Seo-gu, Busan; (b) accessed the victim to buy the ice cream; and (c) entered the above convenience store, and (d) entered the victim’s kice cream with the victim’s amblock in the Aice cream at his own expense.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes to the place of crime, report on occurrence of crime, investigation report, and investigation report (indecent act by compulsion of the victim);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Reasons for sentencing under Article 21(2) main sentence, (3) main sentence, and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59 of the Probation, Etc. Act [the scope of applicable sentences] sexual crimes, general standards, the crime of indecent act by force (including indecent act by force or force against juveniles) and Type 2 [including the act by force or force against juveniles] where the exercise of tangible force is considerably weak, in a case where: (a) the punishment is not imposed (including a person who is specially punished by force or force against juveniles); (b) the case where the crime against juveniles is committed [the scope of recommending punishment] six months to two years (special mitigation area; and (c) the maximum and minimum limits of punishment are reduced; (d) the punishment period is reduced; and (e) the punishment period is limited to 2/3; and (e) the punishment period is limited to at least two special mitigations; and (e) the punishment period is limited to one year to one year to two or more.