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(영문) 부산지방법원 2013.09.27 2013고합520
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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

At around 06:00 on June 20, 2013, the defendant, who is the defendant in Jung-gu, Busan, was parked in the D mobile phone agency's front of the D mobile phone agency's shop in Jung-gu, Busan, and the victim E, an employee of the above mobile phone agency, who is an employee of the above mobile phone agency, was under the influence of alcohol in the D mobile phone agency's conference, and the time of work for the victim E, who is under the influence of the above mobile phone agency, has not yet left for the time of work. The defendant, who is going to work immediately in the vehicle of the vehicle of the defendant, let the victim under the influence of the knife, let the victim 30 minutes of the knife, knife the knife, knife the knife, and knife the knife, k

Accordingly, the defendant committed an indecent act against a juvenile in a state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to Kakao Stockholm dialogue);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and 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. Article 21 (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. Article 21 (2), (3), and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 49(1)1 and (3), Article 50(1)1, and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences]: (a) imprisonment for one year to 15 years; (b) sexual crimes; (c) general standards; (d) the crime of indecent act by compulsion (subject to 13 years of age or older); and (d) Type 2 [Special Convicts] [Requirements for Punishment and Indecent Act by Indecent Acts by Juveniles].

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