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(영문) 인천지방법원 2018.01.12 2017고합767
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

The defendant is a person who worked as an apartment security guard.

On August 6, 2017, around 06:45, the Defendant had been working in the Bupyeong-gu Incheon Metropolitan Government Bupyeong-gu Seoul Apartment Park Security Office, and had been working in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Seoul apartment, and the victim D (Woo, 13 years old) who is a resident of the above apartment, passed after the apartment, and had the mind to commit an indecent act against the victim.

Defendant 1, who is the above victim, is " anywhere or not."

It is long time.

Moly heated materials

“Along with the term “the damaged person”, the damaged person enters the above guard room where he turns on.

Then, the defendant is the above victim with no son or woman, there is no son or woman, and there is no son or son, and is living together with the married.

The main purpose of this study is to find out.

Along with high school, I would like to see the school as well as the school.

It is too rare.

The phrase “the victim was knife,” and the victim was knife by hand, and knife the victim.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) 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 conviction, and the risk of recidivism (no history of sex offense) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the benefit and the effect expected by an order to disclose or notify information, the disadvantage and side effects therefrom, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, in light of the following:

[Determination]

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years but not more than 30 years;

2. Application of the sentencing criteria (a type of sex offense).

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