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(영문) 부산지방법원 2017.08.04 2017고합237
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a university student, and the victim C(n, 15 years of age) is a third-year student of a middle school.

The defendant and the victim came to know in the E church located in Busan Young-gu D.

On November 2, 2016, the Defendant sent text messages to the victims at the E church counseling office located in Busan Young-gu, Busan, on November 2, 2016.

The above counseling room shall be opened to the victim, and the victim arrived at the above church, left the door, let the victim knife the victim's knife, let the defendant knife, let the victim knife the victim's knife, knife the victim's knife the victim's knife on the floor, knife the victim's knife, knife the victim's knife, knife the victim's knife, knife the victim's chest, and knife the victim's clothes.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement made to C;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to each investigation report (not later than once 18);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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

1. Special circumstances under which a defendant may not disclose his/her personal information, if he/she comprehensively takes into account the family environment, social ties, the risk of recidivism, the degree of disadvantage and anticipated side effects of the defendant's entry due to an order of disclosure or notification, and the prevention of sexual crimes subject to registration that may be achieved due to such order, etc., of the defendant's obligation to disclose his/her personal information, under Articles 49 (1) (proviso) and 50 (1) (proviso) of the Act on the Protection of Juveniles from Sexual Abuse;

[Judgment] The reasons for sentencing 1.

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