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(영문) 인천지방법원 2017.08.18 2015고합334
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 28, 2015, the Defendant: (a) around 12:43 on February 28, 2015, went to the second floor D party of the building in Namdong-gu Incheon Metropolitan City, the second floor D; (b) before the elevator, the victim E (V, 16 years of age) who is an employee of the above party hall; and

The body still remains a face and faces.

In the phrase, "the victim's sacrine is sacrine with the victim's sacrine, after the victim gets aboard the elevator with the victim's hand, the victim's sacrine is sacrine with the victim's sacrine, and after the victim arrived at the above party sacrine, "the victim sacrine only sacrine," the victim's sacrine, the victim's left hand, the victim's sacrine, and the victim's sacrine with his face in the future of the victim's own face."

“A indecent act was committed by force against a juvenile victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (ctV investigation), Ctv video recording materials photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure and notification of information under 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 disclosure and notification of registered information needs to be careful and prudent as it may have a significant impact on the Defendant; the Defendant has no record of punishment for sexual crimes; the Defendant’s personal information registration and participation in sexual assault treatment merely appears to have the effect of preventing re-offending by the Defendant; and the content and details of the instant crime, the Defendant’s age, family relationship, and disclosure order are due to other reasons.

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