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(영문) 부산지방법원 2018.02.23 2017고합531
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 24, 2017, the Defendant forced the victim to commit an indecent act in a manner that makes it possible for the victim to sit on the side of the victim E (the 16th age), which is a juvenile, who was seated in the seat No. 1st 1st 1st 2nd 1st 2nd 1st 2nd 1st 1st 2nd 3th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 200.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (one time a year);

1. Investigation report (video recording for victims);

1. Application of statutes governing stenographic records;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (only in registering new information and attending lectures to treat sexual assault, deeming that a certain degree of recidivism can be expected; and (b) the Defendant’s age, family environment, social relationship, criminal records, profits and preventive effects expected from the disclosure notification order, and disadvantages and side effects arising therefrom, there are special circumstances in which disclosure of the Defendant’s personal information may not be notified.

3) Determination as to the defendant's defense counsel

1. The gist of the assertion was that the Defendant had weak ability to discern things or make decisions due to the existence of alcohol, drinking, etc. at the time of committing the instant crime.

2. According to the evidence adopted and examined by the court of this case, the fact that the defendant was treated with alcohol evidence from June 2013 to the time of the instant crime, and the defendant was at the time of the instant crime.

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