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(영문) 인천지방법원 2017.12.21 2017고합621

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for two years.

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 April 18, 2017, at around 08:26, the Defendant discovered the Victim F (n, 16 years of age) who was a child or juvenile f (n, 16 years of age) who was a child or juvenile f (n, with school uniforms put to school in front of the E Center located in Jung-gu Incheon, Jung-gu, Incheon, and tried to commit an indecent act in which the victim f (n, 16 years of age) f (n, with the victim’s portraits), and the victim’s human body flicks in the vicinity of the center, and the victim flicks the victim’s chest, who was flick in front of the school uniform, and was flick by one hand.

Accordingly, the Defendant committed an indecent act on the part of a child or juvenile victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of internal investigation reports, internal investigation reports ( Reproduction of CCTV image data in the CCTV center), and statutes governing field CCTV photographs;

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 selection of the relevant criminal facts;

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles from Sexual Abuse;

1. If a child exempted from an order for disclosure and notification of information is deemed to have the effect of improving the character, conduct and preventing recidivism of the defendant, in light of the exercise of tangible force and the degree of conduct in the instant case, the age of the defendant, family environment, social relationship, criminal history, etc., of Article 49(1) proviso and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the order to register personal information and attend a lecture for treatment of sexual assault, etc.)

In full view of other social benefits expected by an order to disclose or notify the personal information of the accused, and all other circumstances such as the effects of sexual crime prevention, disadvantages and anticipated side effects of the accused, there are special circumstances in which the personal information of the accused may not be disclosed or notified.

The reason for sentencing

1. The scope of punishment by law: Imprisonment;