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(영문) 인천지방법원 2016.06.08 2016고합148

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 14, 2016, at around 15:44, the Defendant discovered that the victim G (the age of 16) walked into the tunnel, the victim G (the age of 16) was mixed, coming from the tunnel, and cut off the victim’s breath toward the tunnel by cutting off the victim’s breath with his left hand, and cut off the Defendant’s breath and cut off the breath.

In other words, the victims were forced to commit self-defense while committing about 3-4 minutes and committing self-defenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to a report on internal investigation (exploitation of the scene and the replacement of damage situations), internal investigation report (the CCTV tracking internal investigation of CCTV as a suspect of escape), internal investigation report (the CCTV tracking, etc. as a suspect of escape), internal investigation report (the CCTV tracking, etc. as a suspect of escape), internal investigation report (the reverse tracking of the criminal route of the suspect of the crime and the tracking of the escape), investigation report (the investigation of the bicycle using the crime), investigation report (the comparison of CCTV images with the suspect of the crime with the actual investigation), investigation report (the investigation of the suspect and the victim of the crime), and criminal investigation report (the investigation report immediately before and after the crime);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to exercise prudent caution as to the following circumstances acknowledged in the record, that is, there is no criminal history of the defendant, the victim and his/her legal representative paid KRW 6 million from the defendant and did not want the punishment of the defendant by agreement between the defendant and the defendant, and the degree of the exercise of tangible power or physical contact caused by the instant crime.