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(영문) 인천지방법원 부천지원 2018.09.21 2018고합91
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On January 13, 2018, around 16:30 on December 13, 2018, the Defendant accessed the victim E (a name, 13 years of age) adjacent to the “D Dobs and sprinks” located in Seocheon-si C, and met without permission on several occasions.

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. Each legal statement of witness E and F;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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 selection of the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. An order to disclose information, an order to notify, or an order to restrict employment is exempt, pursuant to the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, environment, social ties, criminal records, and the risk of recidivism (no such criminal records), the circumstances and details of the crime in this case, the profits and the effect expected by the order to disclose information, an order to disclose information, and an order to restrict employment, and any disadvantages and side effects thereof, there are special circumstances in which the defendant's personal information shall not be disclosed or notified, and the order to restrict employment shall not be issued;

[Judgment] Determination as to the defendant and defense counsel's assertion

1. The summary of the argument is that the defendant tried to examine the victim's son's son and 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

2. The judgment is based on the evidence duly adopted and examined by the court as follows.

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