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(영문) 부산지방법원 2019.11.22 2019고합404
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 17, 2019, at around 16:51, the Defendant was able to use the Defendant’s body in his/her hand in the village bus (C) operated in the direction of coastal wharf in front of the Busan B building, the Defendant was able to cover the Defendant’s body in his/her seat (17 years old).

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. 112 Report disposal slips;

1. Application of the investigation report and the investigation report Acts and subordinate statutes to the Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 (the Defendant’s age, character and conduct, family environment, social relative relationship, record of crime and risk of recidivism, contents and motive of crime, method and consequence of crime, degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order of disclosure or notification, prevention effect of sex crimes subject to registration that may be achieved therefrom, protection effect of victims, etc. shall be comprehensively taken into account and given that there are special circumstances in which the disclosure or notification of personal information may not be disclosed or notified. Thus, no order of disclosure or notification shall be issued to the Defendant)

1. An employment restriction order;

(a) The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including institutions related to children and juveniles;

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