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(영문) 부산지방법원 2013.04.12 2012고합1217
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On November 22, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) took aboard D urban buses at the bus stops located in Busan, the bus stops located in Busan, and finds out the victim E (the age of 16) who is a juvenile, and using the gap in which the bus proposals are congested due to passengers, the Defendant rhyddddddddd the victim’s son and her son with his/her hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. On November 22, 2012, the Defendant: (a) on November 18:15, 2012, when the Defendant was on board the above D city bus, and was expected to keep the victim’s body in front of the rear door in order to get out of the F stop in Busan Northern-gu; (b) when the victim resists the Defendant’s boom while taking a bath, and when the victim resists the Defendant, the victim’s arms were taken out by hand; (c) when the victim’s body was cut out, the Defendant boomed with the victim, when the victim booms the head of the bus with one another, and used the back door along with the victim; and (d) when the victim boomed with his body, she was her chest and her buck.

As a result, the defendant forced the juvenile victim to commit indecent acts, and during this process, the victim suffered bodily injury such as dump, tension, etc., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (in bus ctv investigation);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 301 and 298 of the Criminal Act concerning criminal facts, the applicable provision on criminal facts, and the choice of a limited term of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of the punishment determined for the crime of bodily injury resulting from heavy indecent act by compulsion);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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