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(영문) 부산지방법원 동부지원 2015.12.11 2015고합135
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 21, 2015, at around 09:40 on June 21, 2015, the Defendant: (a) discovered the victim C (here, 15 years of age) who was walking ahead of the same direction from 103 side of the D apartment in the plane captain-gun, a residential area to the rear door of the apartment house in order to go up to the front door of the apartment house; (b) took the mind of inducing indecent act by force; (c) had about 200 meters from the after door of the apartment to the front door of the luminous pedestrians’ book; and (d) had the victim take the victim’s resistance strongly from the after door to the front door; and (d) had the victim take the part of the victim’s her sexual flag under his/her clothes sealed the victim’s her inner part, and forced the victim to commit an indecent act in front, rear, and rearly.

2. The Defendant committed the crime against the victim E at around 22:00 on the same day as indicated in the above paragraph (1) at around 22:00, the Defendant discovered the victim E (14 years old) who was waiting for a bus to move back to the front of the designated bus at the Han Sea-ro apartment stop located in the area of Busan, the Busan, the military court’s articles of incorporation, found the victim E (14 years old) while waiting for the bus to move back to the front of the designated bus, and imprising the victim to force force the victim to resist the victim’s resistance at the bus stop, leading the victim from the bus stop to the rear of the articles of incorporation, leading the victim to the rear of the aftermath of the articles of incorporation, and led the victim to force the victim to break down his sexual flag in the front and rear her am, and commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. One copy of the police statement of E, and the victim's picture;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs), a report on investigation (C video recording), two copies of the victim's green picture, each stenographic record, a criminal investigation report (103 Dong A/V CCTV confirmation and attachment of photographs), and a report on investigation (victim's video recording);

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 stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Statutory mitigation;

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