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(영문) 부산지방법원 2014.07.11 2014고합109
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 February 2, 2014, at around 02:15, the Defendant was seated in the back of the Penema movie theater and the victim C (the age of 17) located in the Busan Jin-gu, Busan, in the front space. On February 2, 2014, the Defendant got involved in an indecent act by force on the part of the victim (the age of 17). On the part of the victim, the Defendant was able to commit an indecent act by force even though the victim was able to commit an indecent act against the victim, and the Defendant was able to keep the victim’s hump inside the buckbuck, even though the victim’s hump was dump, and the Defendant hump was humd with the victim’s

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

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 relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Grounds for sentencing in full view of all the circumstances, such as the favorable circumstances that the defendant did not have any history of sex offense and the circumstances leading up to the crime of this case, etc., where it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the circumstances that are favorable to the reasons for sentencing under the following subparagraphs, such as the lack of history of a sex offense, etc., and the benefits and preventive effects expected by an order to disclose or notify the defendant, and disadvantages and side effects resulting therefrom, etc., the defendant's personal information should not be disclosed or notified (see, e.g., judgment

1. One year to fifteen years from the imprisonment with prison labor within the applicable range;

2. Determination of the range of recommendations: sex crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), and

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