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(영문) 인천지방법원 2013.05.10 2013고합167
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2013, at around 19:40 on February 12, 2013, the Defendant discovered the victim C (the age of 16) who is a passenger (the age of 16) who sits in the defendant's side while boarding a express bus at the Seoul High Bus Terminal in Seocho-gu Seoul Metropolitan Government to Gwangju Metropolitan City.

At around 22:10 on February 12, 2013, the Defendant: (a) committed an indecent act for about 30 minutes, such as the interior, etc. of the instant express bus, and the inside of the bus is in operation with the Defendant, making it difficult for other passengers to see the Defendant; (b) on his own hand, the instant victim’s bucks were sucks by drinking up the hand with the buck, continuing to put the hand into the victim’s jackets, and the victim’s chests were able to take charge of the fingers; and (c) the Defendant forcedly committed an indecent act for about 30 minutes, including the victim’s panty, again put the hand into the victim’s panty, and put the fingers into the victim’s sexual flag.

Accordingly, the defendant included part of the body in the sexual organs of the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against 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 (Discretionary Reasons for Discretionary Mitigation);

1. Where the facts constituting a crime in the judgment of conviction against the obligation to register and submit personal information under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are finalized, the defendant is a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant shall submit personal information to the competent agency

For reasons that do not issue an order to disclose or notify the public, it is difficult to conclude that there is no record of sex offense against the defendant, and that there is a risk of recidivism.

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