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(영문) 인천지방법원 2016.05.04 2015고합715
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 40 hours.

Reasons

Punishment of the crime

[criminal history] On July 18, 2012, the Defendant was sentenced to four months of imprisonment for a violation of the Military Service Act from the Vice-Support of the Incheon District Court on July 18, 201, and accordingly, the period of suspension of execution expires two years in November 18, 201, which was sentenced to the same crime by the same court on November 18, 201, and the period of parole was expired on June 28, 2013 during the execution of each of the above punishment in the Incheon Detention House and the parole period was expired on July 16, 2013.

[2] The Defendant, as an employee of the DPC room in Seo-gu Incheon Metropolitan City, on March 23, 2015, committed an indecent act against a child or juvenile victim on the following grounds: (a) around 11:00 on March 23, 2015, the Defendant: (b) caused a defect in the game to the victim E (n.e., 16 years of age) who used the PC by putting the PC in front of the above PC room; (c) was sitting in the victim’s side kne; (d) was fel; and (e) was placed on the victim’s body; (e) was knee by taking the victim’s left hand; and (e) was forced to put the victim into kne by taking the victim’s sexual organ.

Summary of Evidence

1. Each testimony of witness F and G;

1. Video recorded CDs in the victim’s video;

1. Previous convictions: Application of statutes, such as inquiry about criminal history, reporting on criminal suspects' repeated crime period, results of inquiry into cases, text of judgment, and status of identification;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 disclosure and notification order of registered information may have a significant impact on the defendant, so the order of disclosure and notification of registered information of information of this case is required to be careful and prudented. Thus, the crime of this case, which is recognized as recorded, is committed in the following circumstances.

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