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(영문) 인천지방법원 2015.03.11 2014고합939
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 29, 2014, at around 07:53 on May 29, 2014, the Defendant 582 boarding a village bus No. 582 at the bus stops of Gyeyang-gu Incheon Metropolitan City, and then pushed back the body of the victim D (V, 16 years old) who was in front of the second seat and was in front of the second seat, and committed an indecent act against the victim by means of large-scale rain.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by the victim D in the statement recording CDs;

1. The defendant asserts to the effect that he was forced to commit an indecent act against the victim, as stated in the facts charged, although he was able to contact the victim's body part by pushing other passengers with the bus at the time when he was mixed with many passengers, and that he did not commit an indecent act against the victim as stated in the facts charged. However, in full view of the following facts: (a) the victim reported the facts of the crime to the police immediately after the case; (b) the defendant made a statement about the circumstances and circumstances of the indecent act against the victim; and (c) the victim has no motive or reason to gather the defendant or make a false statement; and (d) the defendant has credibility in the victim's statement; and therefore, (c) the fact that the defendant committed an indecent act against the victim as described in the facts charged in the judgment of the defendant can be sufficiently recognized as being committed as being committed against the victim.)

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered the favorable circumstances of the accused as seen below):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment:

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