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(영문) 인천지방법원 2017.01.25 2016고합633
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant called “C” to “on January 18, 2016, while making a conversation with the victim D (n, 14 years of age) by using smartphone “C”, the Defendant called “on January 18, 2016, the Defendant would give the victim KRW 2.50,000,000,000,000,000.”

No. 30

On January 18, 2016, around 12:30 on January 18, 2016, the Defendant: (a) let the Defendant board the victim in the G K5-Wing chief of G K5 vehicle operated by the Defendant in front of the F-Wing restaurant in Seo-gu Incheon, Seo-gu, Incheon; (b) let the victim drink with the intent to force the victim to commit an indecent act; and (c) in such case, the Defendant wdd the victim

“The Defendant’s chest was sealed as her fingers, but the Defendant’s chest was forced to her locked, and her fingerd with his clothes above the victim, and her chest was taken in several cases and only her left bucks by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A CD in a stenographic or video recording room against the victim;

1. Investigation report (investigation of the number of hours off the bus of a victim);

1. The notification of the department related to the report of 112 case and the comprehensive details of vehicles;

1. Application of the details of victim transportation cards, and the statutes of the response request for digital evidence analysis;

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

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

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 is punished for sexual crimes other than this case).

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