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(영문) 인천지방법원 2013.08.23 2013고합360

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than one year and 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

The defendant is the father of "E" in "E in Incheon, which is a restaurant in which the victim C (n, 16 years of age) is working, and is the father of "E" in "E", and is a person who resides in the restaurant building in the above Riart.

On February 13, 2013, the Defendant: (a) around 00:00, the Defendant got locked at the above E accommodation, and (b) the Defendant was said to get off the said victim’s room located in the restaurant building.

The Defendant continued to drink the victim who was discharged from the Defendant’s room, and called “mans a large amount of frighting,” and committed an indecent act by force against the juvenile, on the ground that the victim was placed on the wall, she was unable to drive the victim’s body by sparing the victim’s body, she was off his/her clothes, and she was forced to leave the victim’s chest and sexual organ, and she was forced to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of the Kakao Stockholm letters;

1. Application of Acts and subordinate statutes to victim’s statement video CDs (Stenographic records);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction on the instant criminal facts becomes final and conclusive, the Defendant, who registered personal information of this case under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, constitutes a person subject to registration of personal information under Article 4(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012), and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information

It is difficult to conclude that the defendant has no criminal record of exemption from the disclosure order and notification order, and the crime of this case is recognized and reflected, so it is difficult to conclude that there is a risk of recidivism.