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(영문) 부산지방법원 동부지원 2019.07.19 2019고합96
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

[Criminal Power] On November 30, 2018, the Defendant was sentenced to a suspended sentence of two years on December 8, 2018 to imprisonment with prison labor for the crime of indecent act by force at the Busan District Court’s branch branch, and the said judgment became final and conclusive.

【Criminal Facts】

At around 22:30 on August 16, 2017, the Defendant found the victim E (the 18-year age, 18-old) who is a juvenile seat behind the bus while boarding a D urban bus operated to the fluence-dong in front of Chigh School C High School located in the city B, and the Defendant forced the juvenile victim to commit an indecent act by means of identifying the circumstances that the victim was able to get her seated behind the bus, and that the she was pushed back to the victim’s side and pushed down down the fluence, and contacted the victim’s right part of the victim’s right side of the fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A gene appraisal report;

1. On-site photographing photographs, CCTV images taken and photographs taken;

1. Previous records of judgment: Application of criminal records, references to information on summary records of the case, output of the case, and copies of the judgment (Supportive 2018 high-level 1883), 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 with labor for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of punishment following concurrent crimes under the latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act (the mitigation shall be made in consideration of equity and equity with the case where the judgment is concluded simultaneously with the crime above);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “Where the court suspends the execution of a sentence against a person who has committed a sex offense against a child or juvenile, it may concurrently impose one or more of probation or community service within the period of suspension of execution, in addition to an order to attend a lecture under paragraph (2),” and the following items are considered as “exemption from an order to attend a lecture.”

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