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(영문) 인천지방법원 부천지원 2017.10.27 2017고합134
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On May 6, 2017, the Defendant committed an indecent act against a child or juvenile victim, who is a child or juvenile, on the following side of the victim, by drinking the victim D (the name, the fluen, the 15-year age), who was fluencing his/her hand on May 6, 2017, in the second female toilets of Kimpo-si, Kimpo-si, and by committing an indecent act by force, such as using his/her hand inside the victim's shoulder, and writing his/her shoulder part, and continuing to write his/her hand in the victim's shoulder.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the prosecution of the accused and the interrogation of the suspect by the police;

1. Statement made by the public prosecutor and the police concerning D;

1. Written statements of D;

1. Application of each internal report, photograph, CD (CCTV) statute;

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 ( Taking into account the following favorable reasons among the reasons for sentencing):

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to the Defendant’s past record of being punished four times as a fine, and the Defendant does not have been punished as a sexual crime). The commission and method of a forced indecent act is relatively heavy, and the crime is committed once more, and the Defendant is likely to commit a sexual crime against an unspecified or many women in light of the substance of the instant crime.

In full view of the circumstances such as the fact that it is difficult to readily conclude the Defendant’s personal information, and the fact that the registration of personal information and the order to complete a program alone appears to have the effect of preventing recidivism in light of the Defendant’s age, sexual conduct, occupation, social relationship, health status, etc., the Defendant’s conviction against the Defendant who registered personal information becomes final and conclusive.

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