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(영문) 인천지방법원 2020.06.19 2019고합871
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2019, the Defendant promised to contact with the victim B (n, 17 years of age) who is a high school student through the Internet Facebook. On May 16, 2019, the Defendant first sent the victim to the head of the Do Administrative Welfare Center located in Seo-gu Incheon, Seo-gu, Incheon. On May 16, 2019, around 22:00, the Defendant sent the victim first to the head of the Do Administrative Welfare Center, which was located in Seo-gu, Seo-gu, Incheon. In order for the victim to have the shoulder of the victim who was on board, the her chest was kid, and even though the victim refused, the son was able to talk with the victim on his/her hand, dance his/her son while the victim was able to have his/her fingerd, and her fingered on his/her hand.

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. Stenographic records;

1. B written statements;

1. Voluntary reporting and the application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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

1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), the Defendant is a primary offender; the Defendant’s order to attend a lecture, employment restriction order, and personal information registration alone appears to have the effect of preventing recidivism of the Defendant; the Defendant’s age, character and conduct, method and consequence of the crime; disclosure order and notification order; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such disclosure order; and the effectiveness of preventing sexual crimes that may be achieved therefrom; and the protection of the victim.

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