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(영문) 부산지방법원 2014.12.17 2014고단8279
미성년자의제강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 August 27, 2014, around 16:07, the Defendant: (a) reported that the victim D (L, 10 years of age) was passed at the guard room of the 1st floor of the C Apartment-dong, Busan, Busan, on the one hand, and (b) took the victim into the physical training place in the apartment complex, and (c) took the victim into the body training place in the apartment complex, and (d) took the victim into the seat of the sports organization located there, and (e) took the hand seated into the body training place in the apartment complex, and (e) took the hand into the part of the victim’s clothes, and (e) took the part of the ship into the knife as the knife.

Accordingly, the defendant committed indecent act against a person under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements;

1. A criminal investigation report (in relation to attachment of an intermediary report to the victim D);

1. Application of statutes on experts' written opinions on sexual assault cases against children with disabilities;

1. Relevant Articles 305 and 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The defendant and defense counsel's assertion.

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