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(영문) 부산지방법원 2018.10.12 2018고합307
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 23:40 on December 2017, 2017, the Defendant: (a) on the street side of the 1st entrance of the Busan So-gu Dodong apartment, and (b) on the victim E (the age of 18), together with C, was knife with the victim E, as the victim E was knife with the victim E, and the victim E was knife with another hand.

Accordingly, the defendant committed an indecent act against the victim E, who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C and E contained in video recording CDs;

1. Application of investigation reports (No. 12 times a month) and accompanying CDs, photographs, and statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age and social relation, records of the crime, details and motive of the crime, method of the crime, method of the crime, order of disclosure or notification, the degree and expected side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc.

Since it is judged, the reason for sentencing is that the defendant is not ordered to disclose or notify the defendant.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The range of the recommended punishment on the sentencing criteria [the types of decisions] shall be the two types of crimes of forced indecent conduct (the objects of not less than 13 years).

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