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(영문) 부산지방법원 동부지원 2019.05.10 2019고합31

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

around 21:04 on December 18, 2018, the Defendant boarded the subway located in Busan Eastdong-gu, Busan Metropolitan City subway No. 4 located in the subway station, and was seated around the edge of the victim D (the victim, the victim, and the body of the 16 years old), and pushed the victim with her her her her her her her her her her her her her her her her her her her her her, and around 21:18 on the same day, the Defendant her her her her her her her her her her her her her her her her her her her her

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. Statement made by the police in relation to D;

1. 112 Reporting case management table;

1. Report on internal investigation (victim E, CCTV, CCTV of 4 lines), investigation report (G CCTV);

1. Application of the CCTV image photograph Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc. under 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, it is determined that there is a special circumstance that may not disclose or notify personal information pursuant to 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.