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(영문) 인천지방법원 2018.12.14 2018고합622 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 25, 2018, at around 23:12, the Defendant: (a) discovered the victim D (tentative name, leisure, 16 years of age) who walked at a private teaching institute course in Yeonsu-gu Incheon Metropolitan City B, and (b) found the victim D; (c) made the victim D’s hand “a change in the mobile phone number at the time of mind”; and (d) continued to turn the victim’s hand with the victim’s hand, “a person who is fluent, fluent with a fluor, with a fluor’s hand, she was fluored by using the victim’s arms and shoulder.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes on CCTV data of apartment houses;

1. Relevant Article 7 (3) of the Act on the Protection of 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. In extenuating circumstances where a defendant is unable to impose an order to attend a lecture on the defendant, taking into account the circumstances, such as the fact that the defendant was diagnosed as a patient with ADD under the proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant was diagnosed as a patient of ADD

[Determination]

1. The exemption from disclosure order and notification order under Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (in the absence of the degree of indecent act by the Defendant, registration of the Defendant’s personal information alone is likely to lead to the effect of preventing re-offending, and the Defendant’s age, environment, social ties, family relationship, and disclosure notification order is likely to be achieved, taking full account of all the circumstances such as the Defendant’s disadvantage and anticipated side effects on the Defendant’s suffering and anticipated side effects, and sexual crime prevention effect that can be achieved due to such order.

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