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(영문) 인천지방법원 부천지원 2018.04.27 2018고합22
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2017, around 02:20, the Defendant discovered the Victim F (13) who was divingd in E Ma and the water surface room located in Bupyeong-si, Bupyeong-si, Macheon-si, and caused the Victim’s sexual flag and right bucks by water leakage on the side, and committed an indecent act.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. There are special circumstances in which the disclosure or notification of personal information of a defendant may not be disclosed or notified if he/she comprehensively takes into account the defendant's age, occupation, social relation, the risk of reoffending, the circumstances and details of the crime in this case, the degree and anticipated side effects of the defendant's disadvantage due to the order of disclosure or notification, the prevention of sexual assault crime subject to registration that may be achieved due to such order, the effect of protecting the victim, etc.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Reduction elements of Type 1 (Special Indecent Acts by Police Officers) (Specially Indecent Acts by Police Officers): In cases where the exercise of tangible force is considerably weak, the area of reduction of punishment is not subject to special mitigation [the scope of recommendation and recommendation in the sphere of recommendation], the area of special mitigation of punishment [the scope of recommendation and recommendation in the sphere of recommendation], one month or one year;

3. The crime of this case in which the sentence of sentence is to be sentenced is a case in which the defendant commits an indecent act against the victim who is diving in the letter of death or the body of the water, and the defendant is not guilty of the crime, and the defendant is guilty of conditional suspension of indictment due to a sex offense in the similar veterinary law.

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