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(영문) 인천지방법원 부천지원 2015.03.13 2015고합16
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 December 11, 2014, from around 18:05 to 18:25, the Defendant: (a) was seated in the side of the victim C (hereinafter “C”) within the bus No. 81-1, which was operated from the Mapo-dong, Kimpo-dong, Kimpo-si, Kimpo-si to the village of the Kimpo-si, Kimpo-si; and (b) the Defendant was able to come up on the back of the bus No. 81-1, and (c) the victim “I want to come up with the string of the movement, and I want to come up with the string of the string of the victim.”

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs showing the victim's legs, CCTV analysis inside buses, and photographs taken on the victim's cell phones;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) 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 age and occupation of the defendant, the type and motive of the instant crime, the process and consequence of the instant crime; (b) disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order and notification order; and (c) comparative balancing between the effects of the prevention of sexual crimes subject to registration and the protection of the victim, it is determined that there are special circumstances that the disclosure or notification of the defendant's

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