beta
(영문) 부산지방법원 2015.11.13 2015고합328

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

At around 00:20 on February 16, 2015, the Defendant: (a) on the street in front of the Do bank located in Busan, Busan, a child or juvenile E (the 15-year old age) lent the car to the Defendant; (b) however, the Defendant’s horses were heard by the Defendant, and talked about the victim’s knife with the victim’s knife and talked about knife; and (c) committed an indecent act by force against knife on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Application of Acts and subordinate statutes to investigation reports (based on the confirmation of CCTV at convenience points and the statement of business owner);

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 select the relevant criminal facts and punishment;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The defendant and his defense counsel asserted that the defendant's personal information shall not be disclosed and notified in full view of all the circumstances, including the profits and effects expected by the order to disclose and notify the defendant's personal information, and the disadvantages and side effects of the order, and that the defendant has reached the part of the victim's arms at the time of the instant case due to the fall knife, and that the defendant intentionally did not contain the chest of the victim's chest of indecent act.

However, this Court.