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(영문) 부산지방법원 2014.05.09 2014고합66
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 December 7, 2013, the Defendant discovered that the victim E (n, 15 years of age), the victim F (n, 16 years of age), and the victim G (n, 16 years of age) go from the main line to move in a house, such as D subway Station No. 2 in Busan, Busan, on December 7, 2013, the Defendant: (i) discovered the victim E (n, n, n, n, n, n) and the victim E, and approach the victim E, and (ii) led the victim E, “Ise, Ise, Ise., Ise., Is., Is., Is., Is., Is., h., Is., Is. am on the floor of the victim, and “Is., I want to do so, Is.,” and said, “Ise., Is., Is., I want to use the chest of the victim’s chest on the top of the victim.”

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the police statements in relation to E, F and G;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 of the evidence list);

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with the largest penalty);

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. A sex offense record for the accused exempted from disclosure and notification orders under 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;

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