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(영문) 부산지방법원 동부지원 2015.05.15 2015고합19
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 November 18, 2014, at around 22:30 on November 18, 2014, the Defendant was committing an indecent act against a child or juvenile by forcing the victim to use his/her face in a way that he/she is able to write down the victim’s left hand and write his/her hand by attaching his/her hand with the victim’s hand.

2. On November 2, 2014, at around 16:55 on November 2, 2014, the Defendant: (a) while undergoing the victim’s personal education in English at a place specified in paragraph (1), he saw the victim’s body behind the victim’s son who was seated; (b) brought his face to the victim’s knife, and her chest by knife the victim’s knife; and (c) committed an indecent act by coercioning the victim’s knife by forcing the victim into the victim’s knife by taking the knife of the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the applicable legal provisions and the choice of punishment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as of November 22, 2014, whichever is heavier] among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The result of the Defendant’s exemption from the disclosure order and notification order has no record of criminal punishment, including sexual crimes, and the risk assessment of the Defendant’s Korean sex offender (KSAS).

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