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(영문) 부산지방법원 2017.01.13 2016고합560
아동ㆍ청소년의성보호에관한법률위반(강제추행)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

Criminal facts

The Defendant is a person operating a cafeteria in Busan-gu D, and the victim F (V, 18 years old) is a person who was working in the said cafeteria from the end of December 2015 to the end of December.

1. On February 19, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the main point of “H” located in Busan Sho-gu G on February 19, 2016, the Defendant, while drinking the victim and drinking alcohol, called the victim to be his/her next seat, was brought into the victim’s side seat, and then the victim was brought into the victim’s chest by putting him/her into the clothes on the victim’s clothes.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the similarity) was committed by the Defendant at H’s main points around 01:20 on the same day, with the “E” restaurant operated by the Defendant located adjacent to H and H main points, and then, in the following restaurant warehouse, the Defendant took the victim into the floor of the floor by pushing the victim, putting the victim in the clothes of another victim on the part of the victim who was close on the part of the victim, fit the victim’s chest, knife the victim, and knife the victim’s chest, and knife the victim’s knife in the part of the victim, and knife the victim’s knife.

As a result, the defendant committed an act of inserting part of the body in the sexual organs of a juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Reports on internal investigation (the sequence 1, 2, 3 in the list of evidence);

1. Application of Acts and subordinate statutes of the investigation report (Evidence Nos. 6,10)

1. Relevant Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment) on criminal facts, and Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a similar act) on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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