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(영문) 인천지방법원 2020.01.17 2019고합688
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

1. On June 8, 2017, the Defendant committed the crime of Jun. 8, 2017, around 18:48, around 2017, 2017: (a) around the second and third floors inside the “Loan” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in the stairs from the stairs between the second and third floors, and (b) exceeded the victim C (the age of 17) and brought the victim’s chest at his own hand.

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

2. On July 15, 2019, around 08:11, 2019, the Defendant discovered the victim E (mar, 14 years old) who puts the victim into physical uniforms at the front of the Dong parking lot located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and the victim Dak Dak kn with the victim’s chest by the victim’s own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and C;

1. Statement to C by the police;

1. A report on internal investigation (verification of the person suspected of being exposed toCCTV);

1. Application of investigative reports (Attachment to the closure of suspect image images - Acts and subordinate statutes on June 8, 2017).

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 with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes as stated in the preceding part of paragraph (2) of the same Article concerning a crime with heavy criminal penalty];

1. Article 62 (1) of the Criminal Act;

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 main sentence of Article 49 (1) and (2), the main sentence of Article 50 (1), Article 7 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 7 (1) 2 of the Lapse of Punishment, etc.;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018).

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