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(영문) 인천지방법원 부천지원 2017.10.13 2017고합142
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a cafeteria of "D" restaurant located in the Nam-gu Incheon Metropolitan City, Incheon, and the victim E (17 years of age) and victim F (17 years of age) are part-time students of the above cafeteria.

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against the Victim E was committed on November 2016 by the victim E with his/her own losses, etc. while the Defendant was living alone in the aforementioned D restaurant as of November 2016.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims F;

A. At around 16:00 on December 25, 2016, the Defendant used the victim F head on his/her own hand at the above D restaurant.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

B. On February 23, 2017, at around 18:00, the Defendant: (a) placed the victim F with the victim F in the above D restaurant; (b) placed the victim’s head on his/her own hand; and (c) took the victim’s head on his/her hand.

The victim's chest side has been knife two times.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each video recording CD-related 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 (the point of coercion by juveniles and the choice of imprisonment with prison labor) concerning the crime;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Indecent Acts)];

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 conviction against the Defendant who has registered personal information under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be finalized.

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