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(영문) 부산지방법원 2014.09.26 2014고합308

추행유인등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 6, 201, at around 00:01, the Defendant induced the indecent act: (a) reported the victim E (the 12-year old age) who was placed in the wife where it is difficult to calculate by opening the instant World Cup; (b) reported the victim E (the 12-year old age) to the female where the Defendant was living; and (c) led the Defendant to commit an indecent act.

The Defendant calculated the injured party’s instant cups instead, calculated the value on behalf of the injured party, and told the injured party to “the injured party to drink water at the mouth, inside the mouth, and drinking water.” The Defendant left the injured party under “Gnnn” 107 in Busan, which is residing by the Defendant.

Accordingly, the suspect has induced the victim for the purpose of indecent act.

2. At around 00:30 on the same day as Paragraph (1) of this Article, the Defendant: (a) 107, a minor’s indecent act by compulsion, on the part of the victim, was frightened, she was placed on the part of the victim, she was frightened, and she was placed on the part of the victim; and (b) she was she was frightened to the chest; and (c) the victim was she was frighten to the chest; and (d) the victim was she was frightened by her hand while she was she was frightened, and she was frightened to both the victim

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement recorded in the video CD;

1. Application of Acts and subordinate statutes to the investigation report (No. 4 of the evidence list);

1. Relevant Articles 288 (1) and 305 and 298 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 288 (1) of the Criminal Act (the points of inducing to commit an indecent act on the minor and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of indecent act and inducement heavier than punishment);

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

1. Article 49 (1) 1 and (3) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;