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(영문) 인천지방법원 2018.12.07 2018고합648

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

1. On September 7, 2018, at around 17:05, the Defendant committed an indecent act by force against a juvenile victim E (hereinafter referred to as “victim E”) who was a juvenile seated at the D convenience store located in Incheon City, by using the victim’s hand and head with the victim’s hand, rhys and hyd the victim’s hand and head, and hyd the victim’s view, and hyding the victim into the victim.

2. The Defendant 1 committed an indecent act by force against the juvenile victim F (the age 14) who was a juvenile seated on the date and time set forth in the above paragraph 1, and at a place set forth in the above paragraph 1, the victim F (the age 14), by using the victim’s hand, etc., with the victim’s hand, and by using the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the G’s written Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. A special circumstance in which the accused may not disclose or notify personal information to the public, in full view of the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused is placed due to the accused’s order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. Where a conviction is finalized on each crime committed in the judgment that is subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse of Children and Juveniles who are subject to employment restrictions order;