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(영문) 부산지방법원 2014.05.23 2014고합182
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:00 on January 4, 2014, the Defendant: (a) opened a visit used by the Defendant’s wife at the Defendant’s house located in Busan District, Busan District; and (b) made use of the gap in which the Defendant’s wife E (here, 17 years of age) could not resist the Defendant’s wife, and used the gap in which the Defendant’s wife E (here, 17 years of age) could not resist the Defendant’s wife; and (c) committed an indecent act against the Defendant, who was a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E;

1. Application of Acts and subordinate statutes to field drugs;

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. Article 62 (1) 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 and Juveniles against Sexual Abuse;

1. Reasons for sentencing, in full view of the circumstances favorable to the reasons for sentencing under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are exempt from disclosure and notification order, and the circumstances leading to the instant crime, etc., where it is difficult to deem that the Defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the reasons for sentencing, such as having no record of sex offense, etc., and the benefits and preventive effects expected from disclosure and notification order to the Defendant, and the disadvantages and side effects therefrom, etc.

1. Two years to thirty years from the imprisonment with prison labor for a prison labor;

2. Determination of the range of recommendations - Sexual crimes, general standards, crimes of indecent act by compulsion (including deceptive and indecent act by compulsion) and 2 types [including special prisons by indecent act by compulsion of juveniles] - mitigated elements - mitigated elements: In cases of aggravation of punishment - general prisons of victims vulnerable to crimes - mitigated factors: serious reflectivity, no history of criminal punishment - increased factors: Imprisonment with prison labor in cases of crimes against juveniles;

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