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(영문) 인천지방법원 2016.07.06 2015고합828
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 21, 2015, the Defendant 00:00 to the bus stops located near the Yeonsu-gu Incheon apartment complex, and to the victim D (n, 16 years of age) who d(n, 16 years of age) who d

Male-gu, in the absence of male-friendly Gu, it shall be outlined.

While "Absing the shoulder of the victim with one hand, she was sprinking the victim's arms with the rest of hand, she was sprinking the victim's arms, she was sprinking the victim's arms, she was sprinking the victim's arms, she continued to move the victim with F, cut the victim's bags, and she was sprinking the victim back, and she was sprinking the victim's chest by her hand, and she was sprinking the victim's chest by her finger, and she was sponsing the victim's chest by force the victim's her child and juvenile, such as raining the victim's sexual organ to the her son's son.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim D);

1. Application of CCTV CD-related Acts and subordinate statutes;

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 selection of the relevant criminal facts;

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for a sexual crime; (b) the Defendant appears to have committed the instant crime while making a confession; (c) the Defendant’s personal information registration against the Defendant and the completion of sexual assault treatment programs would have the effect of preventing recidivism by the Defendant; and (d) other circumstances, including the Defendant’s age, family environment, social relationship, benefits and effects expected by the disclosure and notification order, and disadvantages and side effects arising therefrom.

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