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(영문) 인천지방법원 2015.04.03 2014고합715
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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 September 13, 2014, at around 01:37, the Defendant discovered that the victim E (the age of 13) was locked in the soup soup Domina, which was located in the East Sea C, was able to commit an indecent act against the victim by taking advantage of the fact that the victim was unable to resist.

After putting the bucks to be placed on the side of the victim, the defendant laid down the victim's bucks and buckbucks in the face of the defendant, and laid down the victim's her buck with his her buck, and her bucks in the part of the victim.

Accordingly, the defendant committed indecent acts against the victim by using the victim's potential to resist because the juvenile victim was locked.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of E;

1. A statement prepared by the F;

1. Application of each statute on photographs;

1. Public prosecutors under Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act, which have omitted Article 298 of the Criminal Act from the applicable provisions of the indictment but are obviously erroneous in the indictment;

(Selection of Imprisonment or Imprisonment)

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the obligation to submit personal information to the competent agency

According to the investigation before the claim against the defendant exempted from disclosure and notification order, the risk of recidivism is assessed to the level of "halfway", the registration of personal information of the defendant, social service, and sexual violence.

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