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(영문) 인천지방법원 부천지원 2019.10.11 2019고합180
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2019Gohap180] On July 20, 2019, the Defendant, around 17:19 on July 20, 2019, experienced the victim D (tentative name, mar, 15 years old) coming from the front door of the C store in Bupyeong-si B, with a view to committing an indecent act.

The Defendant, even though the Defendant did not face the victim's body against the Defendant, was pushed off the victim's body, and committed an indecent act by force against the victim, who is a child or juvenile, on one occasion due to the victim's knife with his own knife.

[2019Gohap186] On May 14, 2019, the Defendant: (a) placed in the subway No. 7 Station of the subway No. 7 in Seocheon-si, Seocheon-si on May 14, 2019; (b) placed the Defendant’s left side of the Victim G (V, 30 years old) on the front side of the Defendant, twice in one’s own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

[2019Gohap180]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling lists and photographs; and

1. Investigation report (Evidence Nos. 13) (2019Gohap186);

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of the G production;

1. 112 reported case handling lists and photographs; and

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, Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishment of two severe crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the main sentence of Article 21 (2) of the Act on Protection of Children

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Protection of children and juveniles subject to employment restrictions;

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