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(영문) 인천지방법원 부천지원 2017.11.24 2017고합195

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

The defendant is the owner of D business in Pyeongtaek-si C, and the victim E (V, 18 years old) is the part-time student of the above D.

1. At around 20:00 on March 2017, the Defendant met both of the victims, who have her boomed from the victim’s back to the victim’s second hand, with the second hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On March 18, 2017, the Defendant: (a) around 18:00, around 18:00, she called “the president “Wing Dop”; and (b) laid down the victim’s hand on the Defendant’s left hand by taking the victim’s hand; (c) stated the victim’s hand on a back hand; and (d) stated the victim’s hand on a back hand; and (e) stated the victim’s hand on a back by taking the her hand, and deducted the victim’s hand on a back, she sees the president’s refusal to do so. It is good that this son’s son is equal to his son.”

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Indecent Acts) committed on or around March 2017, whichever is heavier];

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 reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant shall be prior to the instant crime).