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(영문) 인천지방법원 2017.09.01 2017고합352

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2017, around 11:20, the Defendant: (a) considered the form of “E” in “E” Dop Dop Dop Dop, Dop Dop, Dop Dop, Dop, Dop Dop Dop Dop, and met both the victim’s chests by taking the victim’s fingers back to Dop Dop, and continued to put the victim’s fingers into the Defendant’s will and panty.

As a result, the defendant committed an indecent act against the victim by taking advantage of the mental or physical loss of the victim or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement report (including a false statement) to F (report on telephone conversations with victim F), CCTV images and field photographs, and the application of relevant Acts and subordinate statutes;

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds of the following sentencing):

1. The main sentence of Article 21 (2) and Article 21 (4) 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, previous convictions, and the risk of recidivism, profits and preventive effects expected by an order of disclosure notification, disadvantages and side effects therefrom, etc., there are special circumstances in which the disclosure of the Defendant’s personal information may not be disclosed, in light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) Article 50(1) proviso [the Defendant’s age, environment

[Determination]

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [the range of recommended punishment] The crime of forced indecent acts (subject to not less than 13 years of age) by sexual assault shall be two types (voluntary indecent acts, such as forced indecent acts by relatives and intrusion into residence, etc.).