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(영문) 부산지방법원 동부지원 2017.02.10 2016고합172
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 23, 2016, the Defendant: (a) taken aboard the bus in front of the apartment bus at a remote bus stop located in the Busan Metropolitan City captain’s articles of incorporation on May 23, 2016; (b) attempted to report the victim D (the age of 17) who was seated in the bus in front of the apartment bus located in the Busan Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City (hereinafter referred to as “Seoul Metropolitan City”) and attempted to commit an indecent act on the victim’s seat; and (c) obstructed the Defendant’s sexual seat by sticking the Defendant’s sexual seat onto the shoulder and the arms of the victimized person, and committing an indecent act on the part of the victimized person by influen, etc.

2. On June 15, 2016, around 07:30, at the bus stops, the victim E (the 15 years old) who was seated in the bus in front of the flower complex located in the Busan Metropolitan City Shipping Daegu return-gu, was forced to commit an indecent act on the part of the victim by placing the victim’s sexual flag door on the right shoulder and the part above the part of the victim’s seat, with the intention of reporting the victim E (the 15 years old) who was seated in the bus and committing an indecent act on the part of the victim’s seat, by sticking the victim’s sexual flag on the right shoulder and the part above the arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Application of Acts and subordinate statutes to photographs by filing a criminal investigation report, attaching photographs, reporting on an investigation (a CCTV image image on the face of a crime), attaching bus CCTVs, reporting on an investigation (Attachment of images on the face of a crime), or capturing a course;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against heavy E];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).

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