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(영문) 부산지방법원 2020.01.10 2019고합328 (1)
강요등
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

Defendant

The victims and children who lived together with the social welfare foundation B.

1. The Defendant committed an indecent act against the victim C by inserting his hand within the victim C (at the time 15 years of age) living in the room in which the victim C (at the time 15 years of age) was living on the monthly or daily basis in 2016 and committed an indecent act against the victim who was a juvenile by force.

2. Indecent acts against victims D;

A. The Defendant committed an indecent act against a juvenile by force against the victim, who was able to use TV in a room in which the victim D (at that time, 13 years of age or 14 years of age) was living in the middle of the year 2015 to 2016, and was able to use TV in a room in which the victim D (at that time, 13 years of age or 14 years of age) was reported.

B. The Defendant: (a) 2015 to 2016, when the victim D (at the time, 13 years or 14 years old) was reported on a mobile phone at the same place as above; (b) humping the victim D (at the time, 13 years or 14 years old); and (c) humping his hand inside the victim’s inner part, and committed an indecent act by force against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each stenographic record (victim C and Victim D) statute;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 and Article 21 (4) of the same Act;

1. An order for disclosure or notification of personal information under 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, which is exempted from an order for disclosure or notification, may have a significant impact on the defendant;

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