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(영문) 부산지방법원 2014.04.11 2013고합943
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

1. On 07:50 on the day, the Defendant: (a) was boarding the above bus in order to walk with the victim D (L, age 14) who suffered from middle school uniforms at C Village bus departing from the lower part of the lower part of the area at the port of Busan, the lower part of Busan, at around 07:50; and (b) came from the buckbuck area of the victim himself, who was seated by the Defendant, to the end from the buckbuck area to the end.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On October 31, 2013, the Defendant: (a) around 08:03, at the C community bus in the vicinity of the bus stops located in the Gangseo-gu Busan Metropolitan City, frequently taken the face of the above route bus like the above route bus in the C community bus in front of the bus stops located in Gangseo-gu, Busan; (b) the victim D (15 years old) was on a bus for the passage of the bus with the bell uniform boomed, but the victim was able to walk his hand floor on the back of the bus in order to get off the bus at the bus stops.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. Notification of the result of search, seizure, and verification warrant, and reply to request for personal information of non-cc Card holders;

1. Application of each investigation report (such as video recording of the victim D 15 years of age, re-Analysis of CCTV data for C community shuttles, etc., suspect specific), and internal investigation report (Securing CCTV data for C community shutstles);

1. Relevant legal provisions concerning criminal facts, Article 7(3) of the former 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; Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 298 of the Criminal Act on the selection of punishment for imprisonment

1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (2) of the Criminal Act in facts constituting a crime with heavy punishment;

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