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(영문) 부산지방법원 2017.09.01 2016고합609
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 May 28, 2016, the defendant found the victim E (name, appearance, 15 years of age) in the D Gameland located in Busan District, Busan District, Busan District on May 28, 2016, and had the victim Dac with the mind of committing an indecent act against the victim, and had the victim Dac with the victim's own hand.

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

Summary of Evidence

1. Each legal statement of the witness E and F;

1. Statement made by the police with respect to E;

1. The investigation report (one time a year);

1. Application of the Acts and subordinate statutes to take photographs of a investigative report (on-site CCTV screen accompanied, No. 4 times a patrol), CCTV storage pool, and CCTV screen pictures;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the crime committed by a child who is selected to be punished;

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) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for a sex offense before committing the instant crime, and the Defendant is expected to have an effect of preventing recidivism to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault.

In addition, in full view of the defendant's age, family environment, social ties, benefits and preventive effects expected by an order to disclose information, and disadvantages and side effects of the defendant's personal information, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

3) Determination as to the defendant's defense counsel

1. The gist of the assertion is that the defendant was faced with the victim at the time and did not commit an indecent act by force against the victim.

2. The judgment of this court is legitimate.

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