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(영문) 인천지방법원 2018.08.31 2018고합171
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete 80 hours of sexual assault treatment.

Reasons

Punishment of the crime

From November 13, 2017, the Defendant is the president who operates the “E” in Seo-gu Incheon, Seo-gu, Incheon, from around 1999 to the present date, and the victim F (the age of 18) is a person who has worked as an trainee at the above company from November 13, 2017.

On November 13, 2017, at around 10:40, the Defendant committed an indecent act by force on a total of six occasions, such as the list of crimes, by allowing the victim waiting to work near the bus stop located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, to board the seat of the passenger car in the Gnan Island owned by the Defendant, and leaving the knife to the knife the knife knife knife knife knife knife knife knife knife. from that to December 28, 2017.

The Defendant committed an indecent act against a child or juvenile by force six times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the law of the police statement protocol to F;

1. Article 7 (5) and (3) of the Act on the Protection of Juveniles from Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following matters:

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. 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 shall be considered for the reasons for sentencing):

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

1. Article 3 and the main sentence of Article 56 (1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018);

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (only on the registration of new commercial information) of the Act on the Protection of Juveniles against Sexual Abuse that a child exempted from an order to disclose or notify may have an effect to prevent re-offending by the defendant

In addition, the defendant's age, occupation, details, circumstances, and results of the crime in this case, the prevention of sexual crimes that may be achieved by the disclosure disclosure order, the effect of the protection of the victim, and the disclosure notification order, are disadvantageous to the defendant's injury.

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