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(영문) 대구지방법원 2014.03.28 2013고합592

아동ㆍ청소년의성보호에관한법률위반(강제추행)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

The defendant had a mind to commit an indecent act against other passengers, such as 399 and 990 times in a bus that operates a day-to-day bus in Busan Metropolitan City.

Around 07:30 on November 20, 2013, the Defendant: (a) taken a bus No. 990 in the bus stops located in the Sinsan-si, Sinsan-si; and (b) took the following behind the victim C (the 16-year old), which is a juvenile, by taking passengers off the bus No. 190; and (c) took the victim’s her sexual organ back to the victim’s buck, buckbucks, etc.; and (d) took the victim’s buck and buck, etc., by forceing the victims by force on 17 occasions in total, such as the list of crimes, from August 2013 to November 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. The respective statements and written statements of F, G, H, I, J, K, L, M, N,O, P, Q, R and C (a copy);

1. Application of the Acts and subordinate statutes to report on investigation (to attach photographs of the suspect taken by the victim, or specific suspect);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which provide the corresponding legal provisions and the choice of punishment for the crimes;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on November 20, 2013, which is the largest penalty);

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

1. Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders disclosure;

1. Reasons for sentencing under Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

2. Scope of recommended sentences according to the sentencing criteria;

A. Each of the crimes of this case [decision of type] general standards for sex crime groups.