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(영문) 부산지방법원 2018.03.23 2017고합599

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

『2017 고합 599』 피고인은 양극성 정동 장애 등 정신질환으로 인하여 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서, 2017. 10. 24. 19:48 경 부산 금정구 C에 있는 ‘D’ 앞 노상에서 떡볶이를 먹고 있는 피해자 E( 여, 17세) 을 발견하고 피해자의 옆으로 다가간 후 오른손으로 피해자의 가슴 부위를 만지기 위해 손을 뻗어 가슴을 스친 후 피해자의 상체를 안으며 피해자의 귀를 혀로 핥는 듯한 행동을 하여 청소년인 피해자를 강제로 추행하였다.

"2018 Gohap 36" Defendant is a person who is engaged in driving of a passenger car with low investment.

On June 4, 2017, under the influence of alcohol level of 0.208% among blood transfusion around 11:30, the Defendant driven the said vehicle at a 1km section of approximately 1km to the front path of the school of the Seo-gu, Seocheon-gu, Busan in the Gacheon-gu, Busan in front of the seal industry.

Summary of Evidence

"2017 Gohap 599"

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Each investigation report (including attachment data 2, 5, and 10 of the list of evidence);

1. "Written confirmation of hospitalization, medical certificate, and clinical psychological evaluation report" 2018 Gohap 36;

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the compulsory indecent act by youth, the choice of imprisonment), and Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the occupation of drinking and the selection of fines) concerning the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act [Article 10 (1) of the Criminal Act [Article 10 (2) and Article 55 (1) 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse];

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Order for the protection of children and juveniles against sexual traffic;