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(영문) 부산지방법원 2014.06.20 2014고합117
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 21, 2013, at least 12:00, the Defendant committed an indecent act by force against a juvenile, who is a juvenile, by holding the victim D (the age of 14) seated on the top of the steering force, in order to make a request for a part-time distribution of the leaflet within the C low-speed car owned by the Defendant, which was in operation to the Si/Gun/Eup/Myeon in Busan, the Si/Gun, from the Si/Gun/Gu, on December 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing recording of statements;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Grounds for sentencing in full view of all the circumstances, such as the favorable circumstances that the defendant did not have any history of sex offense and the circumstances leading up to the crime of this case, etc., where it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the circumstances that are favorable to the reasons for sentencing under the following subparagraphs, such as the lack of history of a sex offense, etc., and the benefits and preventive effects expected by an order to disclose or notify the defendant, and disadvantages and side effects resulting therefrom, etc., the defendant's personal information should not be disclosed or notified (see, e.g., judgment

1. Two years to thirty years from the imprisonment with prison labor for a prison labor;

2. Determination of the type of recommendations: sex crimes, general standards, crimes of indecent act by compulsion (subject to the age of 13 or more), and type 2 (Indecent act, such as indecent act by force, dwelling by force, etc. based on relatives relation).

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