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(영문) 부산지방법원 2013.11.29 2013고합606
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

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 June 6, 2013, around 15:30 on June 15:30, 2013, the Defendant committed an indecent act against the victim F, who was faced by the Defendant, by approaching the victim’s desire to commit indecent act by force (18 years old), with the victim’s f, which was faced to move to the above f, in the front of the bus bus stop in Busan Shodong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A police investigation report (a police investigation conducted against a black box around the scene of a crime);

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

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

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. The reasons for sentencing under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] [the scope of punishment] 6 months to 15 years of imprisonment: the general standard, the crime of indecent act by compulsion (the person aged 13 or older), the juvenile indecent act (the type 2 and the upper and lower limits of the scope of punishment shall be mitigated to 2/3): Where the exercise of tangible power is considerably weak, the general person - the person who is the general person - the mitigated element: the deposited defendant paid a sum of 5 million won as agreed upon with the victim, but the victim was aware of the agreed fact, and the defendant's intent to punish the defendant is weak (see the report on the bilateral investigation), and the crime does not constitute the "unguilty element" which is the special person - the person who is not subject to punishment.

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