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(영문) 부산지방법원 2014.02.21 2013고합732

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 May 8, 2013, at around 14:28, the Defendant: (a) committed an indecent act by force against the juvenile victims, such as the victim E (n, 17 years of age), victim F (n, 17 years of age), victim G (n, 17 years of age), victim H (n, 17 years of age), victim I (n, 17 years of age), victim J (n, 17 years of age), victim J (n, 17 years of age), and the victim J (n, 17 years of age) on the floor of the victim E in his/her hands; (b) the victim F, victim G, victim H, victim H, victim I, victim I, and victim JJ's am, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint and each written statement prepared by E, F, G, H, I, and J;

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

1. 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; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the 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 [Aggravated Punishment of Children and Juveniles against the largest H, as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse] among concurrent crimes;

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 30 subparagraph 2 of the Act on Probation, Etc.;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, Etc.;

1. The defendant and his/her defense counsel under Article 38 (1) 1 and (3), the main sentence of Article 38-2 (1) 1 and Article 38-2 (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse;