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(영문) 부산지방법원 서부지원 2017.11.09 2017고합134
추행유인등
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

The Defendant reported the victim’s pictures of the victim D (n, 22 years old) that included the victim’s job seeking advertising that the Defendant would do so in C, and asked the victim whether it is possible to do so by asking the victim whether it is possible to do so. However, the Defendant again considered the victim’s job seeking advertisements after being rejected by the victim.

On March 31, 2017, the Defendant made a motion to attract the victim to commit an indecent act by inducing the victim in a store operated by the Defendant with the clothes model. Around March 31, 2017, the Defendant suggested that the victim “in operating a female shopping mall, changing the clothes model” with the text message, and requested the victim to be sent to the F main points located in Busan Heung-gu E operated by the Defendant.

Around 12:00 on April 1, 2017, the Defendant enticed the victim with the intent to commit an indecent act by making the victim believed the above proposal to be true at the F main point, and followed by the victim who reads the model test and sees the victim’s body to fit and dance as in the club, and sees the victim’s body in front and rear, walk up five times before and after the victim’s head and part, kids the victim’s body, kids on five times before and after the victim’s head and part, and kids the victim’s hand within the victim’s body, and kids the victim’s body in front and rear, and kids the victim’s body in front and rear, and kids the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The details of conversation;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Relevant Article 288 of the Criminal Act concerning the crime, Article 288 (1) of the Criminal Act concerning the choice of punishment (the occupation of inducing the criminal intent) and Article 298 of the Criminal Act (the occupation of forced indecent act and the choice of imprisonment);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be increased by concurrent crimes with the punishment prescribed in the crime of inducing indecent conduct with no more punishment).

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