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(영문) 부산지방법원 서부지원 2017.12.14 2017고합142

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On May 14, 2017, at around 18:30, the Defendant discovered victim E (the remaining, 11 years old), and F (the remaining, 10 years old) in the public bath located in Seo-gu Busan, Seo-gu, Busan. On May 14, 2017, and there is no guardian or adult who could request the help in the public bath in the age of the age of the Defendant and there is no adult guardian or adult who could not properly resist the Defendant.

I would like to inform the method of self-defense.

“The victim E’s sexual organ was knifeed by hand and was 20 times, and was shakend nextly below 20 times.

Since then, the Defendant, to the victim F of the married victim F, referred to as “one time as her mother,” and, to the victim F of the victim who expressed his intention to refuse to drink hot water, her sexual organ was shakend below the Defendant’s sexual organ, and was in the situation of the victim’s arms.

Accordingly, the defendant, by force, committed an indecent act against the victims of children.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E/F contained in video recording CDs;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 7 (5) and (3) of the Act on the Protection of Juveniles against Sexual Abuse and the Selection of Punishment for the Crime, Articles 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse against HeavyF];

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

1. Where the registration and submission of personal information under Articles 49(1)1 and 50(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by a child subject to an order of disclosure or notification becomes final and conclusive for conviction for each crime, the accused shall be 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.

Therefore, the defendant is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than 45 years;

2. The sentencing guidelines shall be recommended; and