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(영문) 인천지방법원 2014.11.12 2014고합670
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 4, 2014, at around 08:45, the Defendant discovered the victim C (V, 17 years of age) who was working at the entrance of the horse in the south-gu Incheon Metropolitan City, Dong-dong University University University University at the time when he was working at the entrance, found the victim C (V, 17 years of age) who was working at the entrance, carried the vehicle into the alley by the victim, and brought the victim into the apartment complex immediately after getting out of the vehicle immediately after getting out of the vehicle, and brought the victim's breasts at one time at the right right back from the rear side of the vehicle.

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 to C by the police;

1. A report on internal investigation (personal information on a suspected suspect);

1. Application of Acts and subordinate statutes (CCTV photographs and evidence list Nos. 4);

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 relevant criminal facts;

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. Probation, the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 62-2 (1) and (2) of the Criminal Act (the request for an attachment order by a prosecutor shall be dismissed as follows, but the court shall ex officio issue a probation order under the Criminal Act);

1. The Defendant had no record of being punished as a sexual crime before the instant crime was committed, and the Defendant committed the instant crime against his mistake, and in light of the degree of the instant indecent act, the Defendant’s age, and social relationship, etc., in the instant case, only the registration of personal information and the lecture for the treatment of sexual assault.

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