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(영문) 부산지방법원 2016.04.29 2015고합805
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment with prison labor for two years: Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 30, 2015, between around 20:0 and 22:00 of the same day, the Defendant drinks alcohol with the victim G (the 17th age), who is a high school student with the same church, E, F, and E’s former female-friendly job offering uniform (the 17th age old), and the victim did not fully talk with his body by drinking the alcohol, and the victim was forced to commit an indecent act with the victim, and the victim was sent to the 206 family room, which is next to the victim, with the victim, and the victim was able to drink the victim by drinking the alcohol of the victim and drinking the chest and drinking part of the victim by hand.

The Defendant, as above, committed an indecent act on the part of the victim by taking advantage of the victim’s resistance impossibility of resistance, who is a child or juvenile under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements recorded in video recording CDs;

1. Each police statement made to F and E;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 21 (4), (4), and (9) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse;

1. There is a risk of sexual assaulting or recommitting a crime because the accused has no record of punishment for a sexual crime, as such, exempted from an order of disclosure or notification (the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse);

It is difficult to readily conclude.

The defendant did not commit a sex offense against unspecified persons or many unspecified persons.

The effect of preventing recidivism is expected to be effective by the community service order and the lecture order for treatment of sexual assault against the defendant.

Other benefits and prevention expected by the disclosure order or notification order of this case.

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