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(영문) 부산지방법원 서부지원 2017.07.20 2017고합6

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a house living in the second floor of the Busan Seo-gu C Housing, and the victim D (V, 16 years old) is the tenant living in the first floor of the above housing.

On November 12, 2016, the Defendant: (a) checked into a room that no electricity will enter the victim’s residence on November 21, 2016; (b) inspected the electrical facilities; and (c) was in the victim’s room.

The discovery and repair of the head of the state of trouble seems to be necessary, and the head of the state has reported the head of the state with the victim.

Defendant “Iskin Haskn Haskn” to the Victim

The term “the victim” and “the part of the victim’s body was thringed by inserting his hand into the jackets in which the victim was suffering, and the part of the victim’s body was fluent by inserting his hand in the victim’s panty and panty, and the part of the victim’s body was fluent with his hand.

The Defendant continued to sit the victim who was unable to move because of the fact that he was frighten, and she was frightened to the victim. However, the victim was frightened by selling the victim's bridge with his arms, and then her finger was frighten by gathering his fingers inside the victim's sexual organ.

As a result, the Defendant, by force, committed similar rape, which puts the fingers of the victim's sexual intercourse into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to report on investigation (victim psychological conditions and field photographs);

1. Article 7 (5) and (2) 2 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The punishment, etc. of sexual crimes subject to exemption from disclosure orders and notification orders;