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(영문) 부산지방법원 2016.02.05 2015고합694
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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

Punishment of the crime

The defendant is "D" located in Busan-gu, Busan-gu, and the victim E (V, 16 years of age) who is a juvenile is a part-time student who sells goods from the above company from June 12, 2015.

around 04:30 on June 14, 2015, the Defendant 407 of G, one’s house located in Busan District, Busan District, and H and I first am while drinking alcohol, such as H, I, and the victim, while drinking alcohol as employees of the said “D”, and H and I first am in the victim’s house, while the victim was married, she was able to see the victim’s chest away from the left part of the bend of the bet leasing the victim himself/herself and to force the victim to commit an indecent act, and the Defendant she was her chestd with the victim’s chest who kiddddd the body towards the victim with his/her body.

Even though the victim refused to "I am off" in the course of the victim's own loss, the defendant saw the victim's chest as soon as the victim was born, and the victim's chest was rejected by the defendant's loss, and the victim's body was kneekkneed up to knee and kneeed up to knee.

As a result, the defendant, by force, included part of the body such as fingers and fingers in the sexual organ of the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the age, occupation and occupation of the accused recognized as recorded];

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