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(영문) 인천지방법원 부천지원 2017.04.28 2017고합25
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 26, 2016, the Defendant, at the entrance of Seocheon-si C, Seocheon-si, D, D, etc. on November 26, 2016, would give to the victim E (the 16-year old age), who is a juvenile, under the influence of alcohol, to the innate calendar.

By inducing the victim, the victim was forced to put the victim into force, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the 112 Report Processing List and the Acts and subordinate statutes on internal investigation report (CCTV investigation);

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 relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (see, e.g., Article 51 of the Criminal Act as stated in the following grounds for sentencing) (see, e., Supreme Court Decision 500,000 won in fine: KRW 5 million in prison, and KRW 100,000 per day);

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant has no record of criminal punishment, and the crime committed at an open place shows no risk of recidivism, there are special circumstances under which the defendant cannot be ordered to complete a program;

1. The proviso to Article 49 (1) 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 any crime, including any sexual crime, before committing the crime in this case, and thus has a risk of recidivism or recidivism of sexual assault against the defendant;

In light of all circumstances, such as the Defendant’s age, sex, family environment, and social relationship, it is difficult to readily conclude, compared to the disadvantages and anticipated side effects that the Defendant may suffer due to the disclosure and notification order, the effects of preventing sexual crimes, etc. can be achieved thereby.

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