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(영문) 부산지방법원 동부지원 2015.10.16 2015고합88

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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

1. On May 24, 2015, at around 20:45, the Defendant discovered that the victim P (n, 14 years of age) coming from the Oban in front of the Obanwon located in the Nam-gu Busan, Busan, about 20:45, the Defendant: (a) discovered that the victim P (n, 14 years of age) go together with his/her friendship; (b) laid the victim in front of the victim, and (c) asked the victim “ Q where Q should go” on the victim’s own hand, and (d) confirmed that the victim was suffering from 2:3 times the victim’s right am, and (e) made a indecent act by compulsion the victim, who is a child or juvenile.

2. On May 24, 2015, at around 20:50, the Defendant: (a) discovered the victim T (the age of 17) who walked in the south-gu S Middle School Ro in front of the Southern-gu, Busan, with a sports uniform car, and asked the victim “T, where Q is any,” and asked the victim “T, where Q is any,” and reported the location of the victim to “I am on the Internet,” while informing the victim of the location where Q is going on the side of the victim, “I am am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am off the victim’s left part with the upper part, and am. I am the victim’s breast and children.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of P or T;

1. A written statement and statements of the defendant;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the applicable legal provisions and the choice of punishment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Telecommunications with heavy criminal penalty];

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;