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(영문) 부산지방법원 2018.01.05 2017고합561
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 September 23, 2017, at around 21:00, the Defendant committed an indecent act by force against the victim E (17 years old and female) who was waiting for the bus at the bus stop located in the 3th urban railway station located in the Geum-gu, Busan, Sin-gu, Busan, on September 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to investigation reports (including list 5 Nos. 5 and accompanying materials);

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. 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) and the 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 sexual crime record) recognized as recorded; (b) the background leading to the instant crime; and (c) the details of the instant crime; and (d) the profits and preventive effects expected from the instant disclosure order or notification order; and (e) disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment] Grounds for sentencing

1. Scope of punishment: Imprisonment with labor for a period from one year to 15 years;

2. The scope of the recommended punishment [the determination of the type] falls under the category 2 of the crime of forced indecent conduct (the target of 13 years or more) in accordance with the general standards for sex offenses (the forced indecent conduct such as forced indecent conduct by blood or intrusion into residence) and the indecent conduct (including indecent conduct by deceptive scheme or force by force) against juveniles, and is included in the type 2, but the upper limit and lower limit of the scope of punishment shall be reduced to 2/3.

[Special Sentencings] mitigated elements:

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