beta
(영문) 부산지방법원 2014.05.30 2014고합139

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

1. On February 11, 2014, around 16:00, the Defendant committed an indecent act by the victim E (the 17-year old age) who is an assistant nurse at the D Hospital 823 room located in Geum-gu, Busan., the Defendant committed an indecent act on both chests of the female by hand.

2. At around 16:30 on the same day, the Defendant committed an indecent act against the victim’s right chest by asking for and approaching the phone number of the victim within the eight-story of the above hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police recording record for E;

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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Aggravation of concurrent crimes as provided for in Article 1 of the Judgment with heavier 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing, in full view of the circumstances favorable to the reasons for sentencing under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are exempt from disclosure and notification order, and the circumstances leading to the instant crime, etc., where it is difficult to deem that the Defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the reasons for sentencing, such as having no record of sex offense, etc., and the benefits and preventive effects expected from disclosure and notification order to the Defendant, and the disadvantages and side effects therefrom, etc.

1. Imprisonment with prison labor for a period from one year to June 22;

2. Determination of the range of recommendations - sex crimes, general standards, indecent acts by compulsion (subject to 13 years of age or older), and type 2 juveniles.