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(영문) 인천지방법원 부천지원 2017.06.02 2017고합21
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

On December 4, 2016, at around 06:30, the Defendant found the Defendant’s house D Apartment 608, 1705, 608, 1705, 1705, the Defendant’s father’s son E and her mar, married, and married, found the Victim F (17 years old) of the Defendant’s son and her son’s son, taken the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant committed a similar act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A written statement;

1. The application of Acts and subordinate statutes to report internal investigation (the completion of collection of evidence of sexual assault against victims), records of sexual assault victims, reports on internal investigation (the completion of appraisal and response requested by the National Institute of Scientific Investigation by the Korea Research and Investigative Institute for the appraisal of evidence, contents of response to genes, gene appraisal, and structure

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 (1) of the Criminal Act;

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

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 did not have any record of punishment for any sexual crime committed prior to the instant crime) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which risks the Defendant against many unspecified women in light of the content of the instant crime;

It is difficult to conclude, the registration of personal information of the defendant and the order to attend lectures can also be effective to prevent recidivism.

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