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(영문) 부산지방법원 2018.01.19 2017고합584
강제추행등
Text

A defendant shall be punished by imprisonment for two years.

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

Criminal facts

1. Compulsory indecent acts;

A. Around 16:08 on August 15, 2017, the Defendant and the claimant for an attachment order (hereinafter “Defendant”) committed an indecent act by force against the victim on the part of the victim, by using the gaps in which the victim’s name cannot be identified in the D shop located in Busan Jung-gu, Busan around 16:08 (hereinafter “Defendant”), who sought an article around 20 times in front of the display stand, and by using the gaps in which the victim’s sexual organ was satisfed, and the victim’s body was pushed back after the victim’s sexual organ was satisfed.

B. On September 2, 2017, the Defendant: (a) committed an indecent act by force against the victim, who was unable to know his/her name at the same place on the same day; (b) committed an indecent act in a way that the victim’s following the victim, using the gaps in which the victim was able to rescue the object in front of 3 through 4 times in front of the display stand.

2. Around September 14, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim’s following the victim by taking advantage of the gaps in which the victim E (here, 14 years old), who is a juvenile, was fluor around 4 times in front of the display stand, and by taking advantage of the gap in which the victim’s fluor is fluor and fluor around 14 years old), committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each investigation report (not later than 6,15 times a month), internal investigation report, and response legislation to a request prior to a request;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of forced indecent act by youth, the choice of imprisonment, and the choice of punishment) concerning the crime;

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

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) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. Exemption from disclosure orders and notification orders:

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