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(영문) 인천지방법원 2017.05.19 2016고합836

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2016, at around 18:25, the Defendant: (a) called, “a victim D (name), 14 years old) who was walking to move to a private teaching institute on the front side of a multi-household house located in the Nam-gu Incheon Metropolitan City, Nam-gu, the Defendant: (b) cut off the victim’s left hand; (c) “A vehicle was parked before the house; (d) a vehicle was cut off on the front of the house; and (e) a vehicle was cut off only once the victim called to cut off the vehicle.” On the other hand, the Defendant called, “a party to the vehicle” to move the vehicle to E who is the owner of the vehicle, and again, carried the victim’s left hand by hand; and (e) “A party to the party to the vehicle.”

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (tophograph E telephone conversations);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. In full view of the Defendant’s age, environment, social relationship, the risk of repeating a crime, the profits and preventive effects expected by an order of disclosure disclosure, the disadvantages and side effects of such information, etc., there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed.

[Determination]

The defense counsel for the defendant's assertion of defense counsel was in a state of mental and physical weakness under the influence of the defendant at the time of the crime

The argument is asserted.

The Court is legally authorized by this Court.