beta
(영문) 부산지방법원 2016.11.25 2016고합666

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

Criminal facts

1. On July 12, 2016, the Defendant committed the crime: (a) around 23:00 on July 12, 2016, the Defendant committed the crime: (b) committed an indecent act by forcing the victim to use the victim’s buckbucks in his/her hand while drinking off and drinking off the victim’s E and drinking in front of the D convenience store located in the Busan Northern-gu Seoul Northern-gu, at ordinary level; (c) by suffering a short reflect, he/she was seated and sitting in the Defendant’s side; and (d) committed an indecent act by coercioning the victim’s buckbuckbbbbbs to prevent the occurrence of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On July 13, 2016, around 02:30 on July 13, 2016, the Defendant committed an indecent act by force against the victim by using the victim’s locked in his/her place of residence. On July 13, 2016, the Defendant committed an indecent act by force on the victim’s chest, putting the victim’s her hand on the victim’s clothes.

Accordingly, the defendant committed indecent acts by taking advantage of the mental condition of the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to report on investigation (shot photography of place of crime);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which has a heavier criminal penalty);

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

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

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