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(영문) 인천지방법원 부천지원 2016.07.01 2016고합40
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 November 29, 2015, from around 02:24 to 02:45, the Defendant: (a) on the Defendant’s home located in Seocheon-gu Seoul Special Metropolitan City C208, the Defendant: (b) placed the victim’s head on the knee of the victim D while drinking alcohol; (c) placed the victim’s head on the knee of the victim D while drinking alcohol; (d) opened the victim’s kne; and (e) opened the victim’s buckbox; and (e) made the victim’s kne of the Defendant’s hand.

The defect, the victim E's damage caused the victim E's bucks and bucks.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report on investigation;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with heavier penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Comprehensively taking account of the Defendant’s age and occupation, social relation, type and motive of the crime, the process and consequence of the crime, existence of the same electric power, the risk of recidivism due to the disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure and notification order, and the result of comparison and balancing between the preventive effect of the sexual crime subject to registration and expected profits.

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