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(영문) 부산지방법원 2016.12.16 2016고합749

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

Since 2013, the Defendant came to death and return to C and C, and from around 2014, the Defendant visited C’s house and became aware of C’s son’s son’s son’s son and 14 years of age.

On July 2015, around 06:00 on the date, the Defendant got out of the victim’s residence located in Busan Seo-gu, Busan, the Defendant got out of the victim’s room at around 06:0. However, the Defendant got out of the victim’s seated in the lock.

이에 피고인은 피해자가 누워 있던 방으로 들어가 피해자의 발 밑에서 피해자의 발을 잡고 엄지발가락을 입으로 빨고, 피해자가 거부의 표시로 돌려 눕자 피해자의 등 뒤에서 따라 누워 손으로 피해자가 입고 있던 티셔츠 위로 피해자의 가슴을 1회 만지고, 재차 피해자가 몸을 돌리자 피해자가 입고 있던 반바지 가랑이 사이로 손을 넣어 팬티 위로 피해자의 음부를 쓰다듬듯이 1회 만지고, 피해자의 오른손 검지 손가락을 잡고 입으로 빤 뒤 피해자의 귓속에 대고 “네가 너무 예뻐서 그랬다, 미안하다”라고 말하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the prosecution and the police examination protocol against the accused (including the C substitute part of the examination);

1. The application of Acts and subordinate statutes to record statements and records and report internal investigation;

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 relevant criminal facts;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The age and age of the accused who is recognized as recorded in the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the same Act;