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(영문) 부산지방법원 서부지원 2018.11.29 2018고합167
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

1. On August 6, 2017, the Defendant: (a) committed an indecent act by coercioning a fixed amount on the victim’s bridge to ask the victim’s side of the E bathing beach F stage in Busan, Seo-gu, for a public performance in front of the E bathing beachF stage; (b) the victim’s body was pushed down; (c) the victim’s sexual organ was cut down; and (d) the victim’s knife was knife into her knife; and (d) the victim’s knife the knife in his knife.

2. On April 22, 2018, around 21:25, the Defendant committed an indecent act by force against the victim’s side following the victim’sJ (one’s name, half’s age, 22) viewing the flame axis in front of the first central stage of HH market located in Busan-gun, Busan-gun, followed the victim’s body behind the victim’s et al., and committed an indecent act by force by taking the victim’s shot flag out and her mack the victim’s mack.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements recorded in video recording CDs;

1. Statement made by the police to J;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act on the Protection of Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the compulsory indecent act by youth, the choice of imprisonment), Article 298 of the Criminal Act (the compulsory indecent act by youth, the choice of a sentence of imprisonment and the choice of a sentence)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated as provided for in the Act on the Protection of Juveniles from Sexual Abuse, to the extent that the punishment is aggregated with the long-term punishment of two crimes, which is heavier than the punishment;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Social Service Orders and the observation of and order to attend lectures, and community service orders;

1. An order to disclose or notify, or an order to exempt an employment restriction from an order, Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1);

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