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(영문) 인천지방법원 부천지원 2016.09.30 2016고합125
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

【Criminal Records of Crimes】 On January 29, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution, and the above judgment became final and conclusive on February 6, 2016, for instance, on the grounds of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (indecent act, such as deceptive scheme) in the support for childbirth of Suwon Friwon.

【Criminal facts】 On July 19, 2014, the Defendant discovered that the victim E (15 years old, female) passed from the time he/she was fluored by putting his/her hand into the nearby fluor of the D Park in Gyeyang-gu, Incheon, Gyeyang-gu, and her sexual flag, and then drop out his/her fluor.

Then, the circumstances of self-defense are followed, and the victim's patha suffered a fixed amount of money in his/her own hands, and the victim's patha suffered from his/her reflect.

Accordingly, the defendant committed an indecent act by force against a juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the discovery of the same fact as an appraisal statement or DNA identity verification information;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to suspect rulings);

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the mitigated Criminal Act following the treatment of concurrent crimes and Article 55 (1) 3 [The consideration of equity with cases where a judgment is rendered concurrently with a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Etc., recorded in the records of crimes in which the judgment becomes final and conclusive];

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) and the main sentence of Article 21 (3) 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (this case’s records and changes).

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