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(영문) 인천지방법원 2018.02.09 2017고합779
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 August 11, 2017, the Defendant 05:25 on August 11, 2017, 05:25 walked the victim E (V, 15 years old) and the victim's friendly F, who walked at D’s sperm located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

The defendant's credit card was used as a food by the defendant.

Therefore, there was a defect that the victim wants to drink together with F, and the defendant caused the victim's remaining kis, and the victim caused the kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis' kis

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. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, social ties, circumstances leading to the instant crime, and details of the instant crime; (b) the benefits and preventive effects expected from the instant disclosure order or notification order; and (c) disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment] Defendant and Defendant.]

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