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(영문) 인천지방법원 2017.06.30 2017고합227

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was on the back of the victim (the age of 16) who was located in Jung-gu Incheon, Jung-gu, Incheon, and was on board D in front of D, and was seated.

On November 10, 2016, the Defendant: (a) around 18:20 on the above bus, the Defendant: (b) on November 10, 2016, “the victim was married with his/her wife from abroad and was going abroad to study abroad; and (c) asked the victim’s name, etc. to take the victim’s right hand by his/her hand, and (d) took the victim’s hand to prevent the victim from subtracting his/her hand, and (e) took the victim’s hand

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

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 relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of punishment for the same kind of crime, the degree of tangible power and the degree of indecent act that the accused has exercised is relatively minor, and the risk of repeating the crime is less likely to be committed by the accused;

In light of the Defendant’s age, the purpose and effect of the order to complete the program, etc., there are special circumstances in which the Defendant is unable to impose an order to complete the program.

I think)

1. In full view of the Defendant’s age, environment, social relationship, previous convictions, and the risk of recidivism, the profits and preventive effects expected by an order of disclosure disclosure, and the disadvantages and side effects therefrom, etc., the personal information of the Defendant shall not be disclosed.