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(영문) 부산지방법원 2018.02.09 2017고합426
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 22, 2017, the Defendant, at his own room located in the Busan High-gu Busan High-gu C5th floor on May 22, 2017, as the “victim E” is obvious that the “victim E” is a clerical error, and is corrected as above.

During the process of counseling due to the cost of replacement of the cell phone size, the victim's shoulder that the victim's shoulder to be able to commit an indecent act is unfolded, and the victim's right chest was used as clothes with left hand, and the victim's shoulder was able to write down and lock the victim's shoulder, even if the victim refused and pushed down it, and the victim was able to cut off, and the victim was able to cut down into his/her shoulder, and the right chest was knife with his/her shoulder, and the knife was knife with his/her finger and panty, and the knife was knife with his/her finger.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of dispatch to the site);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse; and (b) proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the Defendant’s age, occupation, social relationship, criminal records, and the risk of recidivism (no criminal records) recognized as recorded; (c) background leading to the instant crime; and (d) details of the instant crime; and (e) benefits and preventive effects expected by the instant order or notification order; and (e) disadvantages and side effects therefrom, the Defendant’s personal information may not be disclosed and notified.

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