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(영문) 인천지방법원 2018.11.30 2018고합438
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

The Defendant: (a) is a person with a physical disorder with mental disorder; (b) is unable to discern things or make decisions due to such mental disorder; (c) finds a victim D (a) who was living in front of Seo-gu Incheon Metropolitan City Seo-gu C lending on November 10, 2017; and (d) finds the victim D (a) who was living in front of Seo-gu Incheon, Seo-gu, Incheon; and (d) finds the victim; and (c) finds the victim’s “pick, bad, body is more than that; and (d) several licks;

Schools shall enter and where they enter;

Then, whether they want to be employed;

B. If multiple files are elblus, and if four elbs are crew, it can be done later, so we can see once now;

F. Whether it would prejudice it or not.

“The victim expressed his/her intention to refuse, but he/she forced the victim who is a child or juvenile by inducing the victim’s body with his/her own arms to prevent the victim from leaving his/her body.”

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. A written statement of D;

1. Stenographic records, diagnosis certificates, and written confirmation of hospitalization;

1. Application of Acts and subordinate statutes to the investigation report (NO.648) (N.6)-based CCTV (N.648);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered in light of the favorable reasons for sentencing):

1. Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and the Protection of Juveniles against Sexual Abuse;

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) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children Exempted from an order to disclose or notify information (the defendant has no record of criminal punishment, including sexual crimes, and the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

The age, occupation, family environment, and society of the defendant.

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