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(영문) 부산지방법원 2015.05.29 2015고합46

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 1, 2014, the Defendant: (a) around 23:45 on November 23:45, 2014, at the bus stops located in the Dong-gu Busan Metropolitan City, the Defendant: (b) opened the bus stops in front of the bus stops located in the Dong-gu C, Busan; (c) opened the bus stops in front of the bus stops; and (d) opened the bus at a distance of 15 years old; and (d) opened the bus at the right edge, and (e) opened the bus stops in front of the bus stops; and (e) opened the bus stops in front

Therefore, the Defendant committed indecent acts against the juvenile victim by force.

2. The Defendant observed that the Defendant committed an indecent act against the said E at the above date, time, place, and the victim F (the age of 15) committed an indecent act, and tried to see the Defendant’s resistance to see, “I go away from her territory,” and the victim committed an assault on the victim’s right-hand knife by making the Defendant unable to flee.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning video CDs and records recording;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and Article 260 (1) of the Criminal Act concerning criminal facts, the relevant provision of the Act on the Protection of Children and Juveniles against Sexual Abuse, the selection of fines, and Article 260 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the penalty is added up with the maximum amount of the crimes above) shall be concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to view that the Defendant is highly likely to recommit a sexual crime in light of the favorable circumstances for the following sentencing, such as having no record of sex offense, etc., and the circumstances leading to the instant crime, etc., of which the Defendant is exempt from disclosure and notification orders.