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(영문) 부산지방법원 2014.10.24 2014고합565
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 23, 2014, around 23:15, the Defendant: (a) followed the victim F (the age of 23) who is going up from the stairs intermediate point of stairs the E apartment complex of the D convalescent hospital located in Busan Northern-gu, Busan, the Defendant: (b) followed the victim F (the age of 23) who is going up the stairs; (c) sealed the right shoulder part of the women’s right shoulder into the arms; and (d) opened the ground part above the ground part so as to make it impossible to resist; and (c) committed an indecent act by force against the victim by inserting his hand under the ma.

2. On July 29, 2014, around 22:40, the Defendant, at the front parking lot of the G apartment of 203 Dong-gu, Busan, the Defendant followed the victim H (n, 18 years of age) who walked at the house after the school completed the school, and caused the victim to have his/her own her kept away from the back, prevented him/herself from suffering from one hand, thereby making it impossible to resist, and subsequently, he/she committed an indecent act by force the victim by talking his/her her son with another hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime and a criminal investigation report (to attachCCTV data);

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for each of the following:

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

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. Crimes of indecent act by force: The crime of violating the main sentence of Article 16 (2), Article 16 (3) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.: the main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on

1. Indecent acts by compulsion of an open order or a notice order: Sexual crimes;

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