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(영문) 부산지방법원 2013.05.10 2012고합776
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On November 28, 2007, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to two years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (a minor, rape, etc. under thirteen years of age) at the Busan High Court, and completed the execution of the sentence on July 18, 2009.

【Criminal Facts】

1. 미성년자유인 피고인은 2009. 7. 말경 부산 동구 C에 있는 D 앞길에서 그곳에 혼자 쭈그리고 앉아 있던 피해자 E(당시 13세 공소장에는 ‘14세’라 기재되어 있으나, 피해자는 1995. 12. 15.생(증거기록 제9쪽)이므로 ‘13세’의 위산임이 역수상 명백하다. )에게 접근하여 “PC방에 가서 같이 놀자.”고 하여 주변에 있던 PC방에 데리고 가 게임을 하고 논 다음 피해자에게 “다음에 연락을 하라.”고 하면서 자신의 휴대전화 번호를 가르쳐주고 현금 5,000원을 주었다.

After July 14, 200, the Defendant, in front of G located in Busan, at the end of 14:00, stayed from the victim who had no fixed residence at the end of 14:00, went to the Defendant’s house located in Busan, and went to the Defendant’s house located in the Busan, Jung-gu, and on March 21, 2010, went to the Defendant’s house located in Busan, while going to the Defendant’s house located in Busan, from March 22, 201 to June 8, 201, and from June 9, 2011 to March 3, 201, the Defendant stayed respectively in the Defendant’s house located in Busan, Jin-gu, Busan, and from June 9, 2011 to March 21, 2012.

Accordingly, the defendant induced a minor victim.

2. A victim of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as deceptive means) committed a prison life by his/her mother entering a prison due to larceny, etc., and was entrusted to her mother, brought up his/her her son to the house of the father of the victim by leaving her son without permission, but led his/her son to go out due to physical punishment and neglect.

The Defendant is as above.

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