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(영문) 인천지방법원 2017.09.01 2016고합659
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant, while operating D cab in front of the Nam-gu Incheon Metropolitan City apartment apartment zone, around 18:05 on April 1, 2016, committed an indecent act against the victim E (12 years old) while driving the said cab, and the victim was able to commit an indecent act against the victim who was seated on the back seat.

피고 인은 위 일 시경부터 같은 날 18:25 경까지 피고인이 운전 중인 위 택시 안에서 “ 유전자가 좋다” 고 말하면서 손으로 피해자의 귓불과 볼을 만지고, “ 고추에 털이 났냐

After the end of the phrase “I am in the hands,” the phrase “I am in the hands,” put the victim’s hand into the clothes, such as knife the victim’s hand, and the victim took the victim’s sexual organ with his hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Application of E’s statement-related Acts and subordinate statutes recorded in video CDs;

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 selection of the relevant criminal facts;

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 shall be considered for the reasons for sentencing):

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

1. In full view of the Defendant’s age, environment, family relationship, previous conviction, and risk of recidivism (no record punished for a sex offense) of Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure of the Defendant’s personal information may not be disclosed, in extenuating circumstances where the disclosure of the information may not be disclosed, taking into account the benefits expected by the disclosure notification order and the effect expected by the disclosure notification order and any disadvantages

[Determination]

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the Defendant’s assertion by defense counsel is the fact that the Defendant, while driving a taxi, told the victim that he was “asy as well as his genes.”

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