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(영문) 부산지방법원 2019.05.31 2019고합118
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

Criminal facts

[2019Gohap118] On February 11, 2019, at around 19:25, the Defendant: (a) demanded the victim (she is 17 years old) who is a part of the restaurant while drinking alcohol in the “C” restaurant operated by the Defendant, which was operated by the Defendant, to sit in the Defendant’s side, and follow the alcohol; (b) that the victim “I want to do so. I would like to do so for a long time”; (c) said, the victim’s child was frighten and boomed into the victim’s right buck.

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

[2019Dahap130] On January 17, 2019, the Defendant expressed that the “C Height” of the Defendant’s operation located in Geumgu-gu Busan, Busan, would be bad, and that the victim D (the age of 52) who was passing ahead of the said shop would be "I am her to her fright," on the ground that the victim D (the age of 52) would be bad, and that the Defendant would be "I her fright," and the Defendant would be "I am her knick (the total length of 37 cm, the knive length of 24 cm) and "I am knicks more than 10 years if I am knick."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

[2019Gohap118]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A gene assessment report (2019 high-class 130);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment (to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment specified in

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