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(영문) 부산지방법원동부지원 2020.09.22 2019고합115
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:00 on March 30, 2019, the Defendant violated the Child Welfare Act (child abuse) discovered that the victim D (11 years of age, 12 years of age) was playing together with pro-Japanese E (12 years of age) and F (11 years of age) in the valley located adjacent to the Busan Shipping Daegu B building, Busan, Busan, the Defendant: (a) accessed the victim for a fishing market by cutting down the atmosphere of the tree; (b) accessed the victim, and (c) accessed the victim, and (d) accessed the victim for a single stop; and (b) continuously, “Iskh knife knife knife knife knife knife knife knife knife knife knife knife.”

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Minors under thirteen years of age) and violation of the Child Welfare Act (in the case of a child, coercion, intermediary, sexual harassment, etc.) were committed by the Defendant in violation of paragraph (1) on the date and time, at a place specified in paragraph (1), and by using a beer knife knife in which he was seated above the lower part of the given place, and by making a stick to the victim’s sexual intercourse playing in a valley, and by going out his own hand and going out once the victim’s sexual organ

As a result, the Defendant committed sexual abuse, such as sexual harassment, which makes a child under 13 years of age feel sexually as being forced, and at the same time made sexual humiliation.

Summary of Evidence

1. The witness E's statement on the seventh public trial day of the defendant's eighth public trial; and

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the police statement statement, recorded CDs, statement recording record investigation report (Evidence No. 1 No. 5), internal investigation report (related to field photographs), knife, etc. to the E, and the 112 reported case processing statement;

1. Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 5 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Emotional Child Abuse) against criminal facts, and the Act on May 19, 2020.

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