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(영문) 부산지방법원 2014.08.27 2014고단5023
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

On May 13, 2014, the Defendant: (a) around 18:15, 2014, at the guard room of the 402-dong apartment B, the Defendant reported that the victim C (here, 8 years of age) who is a resident of the 402-dong, Busan, while working as a security guard, checks the home-based account book; and (b) found her home-based ship. The Defendant, after the victim, had his her her her her her her her her her her her m

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of criminal scene);

1. Relevant Articles 305 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The basic area (8 to 2 years) of the first type of sex offense subject to the age of 13 (the scope of recommendations) on the general standards; and

2. In the light of the time, place and method of the decision on an indecent act committed; and

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