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(영문) 인천지방법원 부천지원 2016.03.11 2015고합269
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim, following the victim D (Woo, 15 years old), who was her married home on the rear side of Kimpo-si 306-dong 306-dong-si Kimpo-si, committed an indecent act by force against the victim by committing an indecent act.

2. On August 12, 2015, the Defendant forced indecent act: (a) obstructed the victim’s knife with the victim’s hand who was her married home on the front side of the 101-dong apartment house, Kimpo-si, Kimpo-si, Kimpo-si, and prevented the victim from resisting the victim by using his left hand; and (b) prevented the victim from resisting the victim by using his/her own hand; and (c) obstructed the victim’s sound.

“In doing so, as stated above, the victim’s left chest part of his chest was forced to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Stenographic records (D);

1. Application of the Acts and subordinate statutes concerning photographs and CCTV image data after a CCTV closure;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning the crime;

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 (the punishment shall be aggravated to the extent that the total sum of the long-term punishments of the crimes specified in the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is aggregated);

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 stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;

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