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(영문) 부산지방법원 2014.06.27 2014고합180
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2013, the Defendant came to know of the victim C (n, 18 years of age) while conducting smartphone-making around 2012 and became aware of about 2-3 years of age with the victim. On December 15, 2013, the Defendant came to contact with the victim again at around 21:00, the Defendant stated that “I will do so, I will do so. I will do so.” On the other hand, the Defendant driven the Defendant’s vehicle on the front road of the “Malock,” located in the Busan East-dong-dong, Busan, and let the victim board the victim, and then, the Defendant agreed to the victim by “Isle TV will do so by up to 12 hours, Scambling at the office of Scil D and Is.”

Since then, at around 23:00 on the same day, the Defendant moved the victim's residence in Busan B, and forced to enjoy TV from the victim's side while showing the victim's TV, and met the victim's chest by hand, and even though the victim resisted to "I do not refuse to do so", the victim was suffering from the victim despite his/her resistance, he/she forced him/her to cut off, she was placed in the victim's body, she was frighted, dried up, sounded, dried up, dried up, dried up, dried up, and dried up, and dried up, and dried up the victim's body, and dried up and resisted by the victim's body, while she was unable to move up with the victim's body.

Accordingly, the defendant committed an act of inserting fingers in the victim's sexual organ by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the second protocol of suspect examination of the accused against the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 297-2 of the Criminal Act concerning 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

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