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(영문) 부산지방법원 2015.10.16 2015고합347
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:55 on March 23, 2014, the Defendant: (a) discovered that the victim E (here, 27 years of age) was frighted and parked in the nearby place of “D” located in the Busan L/C, thereby committing an indecent act against the victim by force, following the victim’s her son’s son’s son and son’s son’s son’s son’s son’s son’s son.

2. On March 25, 2014, at around 07:00, the Defendant discovered that the victim G (Woo, 16 years of age) suffered school uniforms and committed an indecent act by force against the juvenile, following the finding that the victim G (Woo, 16 years of age) committed an indecent act.

3. On March 29, 2015, at around 10:05, the Defendant discovered that the victim J (here, 29 years of age) who was going on a path in front of the Innb in Busan Sho-gu, Busan, left a buck and left a buck, and subsequently, committed an indecent act against the victim by forcing him to put his hand under the buckbucks to use his bucks through macks and macks, and by holding a buck and doing the buck and doing the buck in order to view the victim as the victim in the buck.

Summary of Evidence

No. 1 crime at the time of sale.

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of a department related to reporting 112 cases;

1. The crime of expulsion in case of making a photograph [the list of evidence Nos. 21];

1. Defendant's legal statement;

1. A report on investigation intelligence;

1. The police statement concerning G;

1. The crime of removing photographs [the list of evidence Nos. 29];

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Each investigation report (the sequence 4, 6, 8 of the evidence list);

1. 112 reported case handling table;

1. The application of Acts and subordinate statutes to photographs (Evidence No. 5);

1. Article 299 of the Criminal Act, the applicable 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, and Article 245 of the Criminal Act concerning facts constituting a crime;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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