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(영문) 인천지방법원 부천지원 2015.05.01 2015고합26
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

At around 03:00 on February 27, 2014, the Defendant, along with the victim D(n, 16 years of age) and her friend 302, met with the victim D(n, 16 years of age) and her friend, and bread in the toilet under the influence of alcohol, her chest was her hand, her bly laid down the victim from the toilet, she her she was her hand on the clothes of the victim, her hand was her right chest.

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 by the prosecution concerning D;

1. Each police statement made to D and E;

1. Application of the Police Investigation Report Act

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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction becomes final and conclusive due to a crime committed on the registration of personal information of a defendant, in full view of the following: (a) the age and occupation of the defendant, the type and motive of the crime, the process and consequence of the crime; (b) whether the defendant has a same kind of power or not; (c) the risk of repeating the crime; (d) anticipated side effects of the disclosure or notification order; and (e) the comparison and balancing between expected effects of the sex crime subject to registration and expected profits; and (e) the personal information of the defendant should not be disclosed or notified.

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