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(영문) 부산지방법원 2013.08.30 2013고합353

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

On March 8, 2013, the Defendant, at around 21:20, committed an indecent act by force against the victim, who is a child or juvenile, by taking care of the victim E (the victim E (the age of 14) who is a student of a driving school, and making a head of the school, while holding a head of the school in the Busan East-gu, Busan, which was operated by him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 12-2 and Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Determination of the type of punishment under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment to be imposed]: A sex crime, general standard, indecent act by compulsion (subject to 13 years of age or older), juvenile indecent act by compulsion (the type 2, juvenile indecent act by compulsion, so the upper limit and lower limit of the range of punishment to be imposed shall be reduced to 1/2) by special prisons; where the exercise of tangible power is considerably weak; where the degree of indecent act is considerably weak - mitigated factors - mitigated factors - general prisons of employees, such as victims who are vulnerable to a crime, persons obliged to report, or persons obliged to report: In cases of a crime against juveniles: The extent of recommending the use of personal trust relationship: Imprisonment with labor for a crime against a juvenile; imprisonment with labor for a year from September 1 to June 6 (In cases of a crime against a juvenile; imprisonment with labor for a private teaching institute; and imprisonment with labor for a two-year student, a student of a private teaching institute.