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(영문) 부산지방법원 동부지원 2012.12.28 2012고합401
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 03:50 on September 19, 2012, the Defendant committed an indecent act against the victim’s will against the victim’s child or juvenile, such as making it possible for the victim to take advantage of the rest of a mixed-service customer at night-time, and making the victim’s convenience store to be “one met only once” to the victim’s convenience store. The victim’s knife the hand by inserting the hand into the buckbbbs of the victim’s knife, and making it possible for the victim to use the knife.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police about D's written statement; and

1. Application of the Acts and subordinate statutes described in the police investigation report (CCTV attachment);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select 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 13 (1) and the main sentence of Article 13 (2) and subparagraph 2 (a) of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation,

1. Registered information disclosure order and notification order under Article 38(1)1, main sentence of (2), and (3), Article 38-2(1)1, subparagraph 3, and Article 2(1)2(a) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 7 of the Act on the Lapse of Punishment, Etc. [the scope of applicable sentences under law] the grounds for sentencing from one year to 30 years [the determination of the type of punishment] the general standards, the crimes of indecent act (subject to 13 years of age or older), the crimes of indecent act by force (subject to 13 years of age or older), the two types [special form of punishment] - Where the degree of indecent act is weak [the scope of recommending punishment] mitigation area; imprisonment for 9 months to one year or more (limited to two types of indecent act by force; the upper and lower limit of sentence shall be included in the suspended sentence of imprisonment; and whether the punishment against a general person subject to aggravated punishment]

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