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(영문) 부산지방법원 서부지원 2019.11.28 2019고합204
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 August 28, 2019, the Defendant, at around 08:03, operated as B high school protection area from the old-name area to B high school protection area on August 28, 2019, followed by the victim D (name, leisure, 16 years of age) in the C bus, the Defendant, in turn, brought about the victim’s sexual flag side to the upper part.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a list of 112 reported cases) and a report on internal investigation (a CCTV investigation into buses);

1. 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 the crime;

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

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

1. The main sentence of Article 21 (2) and (4) 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 age, occupation, risk of repeating a crime, type of and motive for the crime of this case, process of the crime, disclosure or notification order of this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the order, prevention of sex crimes subject to registration that may be achieved due to such order, protection of victims, etc., there are special circumstances in which personal information shall not be disclosed or notified);

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The second type (the act of indecent act by force, such as indecent act by force or by force on residence, etc. by relatives) is the range of recommended punishment according to the sentencing guidelines (the decision of type).

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