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(영문) 부산지방법원 2016.02.17 2015고합622
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 July 5, 2015, the Defendant reported the Victim E (M, 17 years of age) (M, 17 years of age), which was a juvenile frighted in the street located in the city of Busan, Seo-gu, Busan, about 22:30 on July 5, 2015, and had the victim feel “lurine” to the Defendant.

"In doing so, the victim's left shoulder and the victim's left shoulder are faced with each other, and the victim's left shoulder are forced to commit an indecent act on the victim's left chest by making the victim's left chest alone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 5 and 7 of evidence);

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 selection of the relevant criminal facts;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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, exempted from an order to disclose or notify, is highly likely to recommit a sexual crime in light of the circumstances favorable to the grounds for sentencing, the circumstances leading to the instant crime, etc.

In full view of all the circumstances, such as the benefits and prevention effects expected by the disclosure or notification order to the defendant, and the disadvantages and side effects of the defendant's personal information, there are special circumstances that the disclosure or notification of the defendant's personal information should not be made.

The reason for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of the recommended punishment based on the sentencing guidelines [the types of decisions] sexual crimes, general standards, the crime of indecent act by force (subject to more than 13 years of age), the general indecent act (subject to special sentencing) [the person subject to special sentencing] is weak (subject to mitigation)], and the victim who is vulnerable to the crime (aggravated factor).

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