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(영문) 부산지방법원 2017.04.14 2015고합329
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 May 2, 2015, at around 23:45, the Defendant: (a) on the street in front of the “D cafeteria” located in the Geumcheon-gu Busan Metropolitan City, the Defendant used the Defendant’s son’s son’s son on the shoulder of the Victim F (M, 17 years of age) who is a juvenile; (b) rhyd the Victim’s son on two occasions; and (c) prevents the Victim from escaping; and (d) prevents the Victim from escaping.

"," and the victim's knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The investigation report (one time a year);

1. Investigation report (No. 4 times a year), victim’s statement recorded CDs;

1. An investigation report (in the vicinity of the scene of the crime - CCTV images, net times), video CDs;

1. Application of Acts and subordinate statutes governing the photographed person;

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

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. 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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. In light of all the circumstances, such as the disclosure order and notification order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the Defendant, and thus, the Defendant’s mistake is against the Defendant, the Defendant’s age, occupation, social relationship, circumstances leading to the instant crime, details of the instant crime, benefits and effects expected by the disclosure order or notification order, and disadvantages or side effects therefrom, etc., personal information on the Defendant.

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