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(영문) 인천지방법원부천지원 2020.10.23 2020고합202
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 June 14, 2019, from around 21:56 to 22:20 on the same day, the Defendant: (a) reported to 112 on the following side of the building that the victim C (a name, leisure, 13 years of age) was self-harm; and (b) reported to 112 on the following side of the instant loan in order to avoid her finding, and (c) entered the victim as follows: “I wish to see why she was a criminal suspect, why she escaped, why she would escape, and that I will see the apartment complex with this side, and that I will see the victim’s right shoulder at his/her own hand on two occasions, and the head was rhyd, and the victim, a child or juvenile, was a indecent act by compulsion.”

Summary of Evidence

1. Application of Acts and subordinate statutes to report on the investigation of CDs in the CCTV business outside the legal statement B of the Defendant’s partial statement C (as to the background of the discovery of the victim and whether the Defendant was a suspect)

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons 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. 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 (the Defendant’s age, environment, previous offense, risk of recidivism, registration of personal information, taking courses to prevent sexual assault, and employment restriction order, which are recognized through the records and pleadings in the instant case, can expect the effect of preventing recidivism to a certain extent, and there are other special circumstances where the Defendant’s personal information may not be disclosed and notified to the public, in full view of the profits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, etc.

1. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse to the Employment Restriction Order: November 26, 2019;

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