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(영문) 부산지방법원 2016.09.30 2016고합233
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

. From around 2014, Defendant C’s mother-friendly D of the Victim C (16 years of age, women) and the Youngdo-gu-gu-si-si-si-si-si, Busan, where the victim was living together with her child, and the victim was living together with her child, and **** 1-2 times a month.

On November 22, 2015, the Defendant sought to contact D around 18:30 on November 22, 2015, and then called a phone call from the victim who opened a mixed bank inside inside the inside and outside of the bank to the mother of the victim, but he did not contact. However, the Defendant was seated on the left side of the victim’s “Iskh, Ish, Ish, Ish, Isn, Ish, Ish, Ish, Ish, Ish;

The victim asked about the victim's sexual experience, and asked about the victim's sexual experience, asked about 20,00 won to the right side of the victim again, and asked the mother to talk about 20,000 won to the right side of the victim again, and then asked the mother to talk about the victim again.

As such, the Defendant committed an indecent act against children and juveniles by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement contained in video recording CDs;

1. Recording records of the statement;

1. Investigation report (video recording of a victim C's age of 16 years);

1. The application of Acts and subordinate statutes to a response to a request for appraisal;

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 selection of the relevant criminal facts;

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. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reasons for sentencing);

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the special relationship between the defendant and the victim appears to have an effect on the occurrence of crimes, and the degree of forced indecent conduct shall be the case.

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