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(영문) 인천지방법원 2019.02.15 2018고합212
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 17:00 on October 2, 2017, the Defendant was willing to commit an indecent act with the victim B (n, 17 years of age) that was first known through a hosting app, and the Defendant was willing to commit an indecent act with the victim’s studio.

At around 18:10 on the same day, the Defendant: (a) sent the victim a room of 10 'D' located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) sent the victim a studio 10 room on the Twit Lease; and (c) placed the victim on the back of the Twit Lease; (d) opened the victim on the back of the Twit Lease; (b) opened the victim’s hump by drawing the victim’s hump on his own hand; and (c) opened the victim’s chest on the back of the TV reported; and (d) continued to turn the victim’s chest on the back of the TV.

As a result, 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. The statement of the victim recorded in the video CD;

1. Seizure records;

1. Text details;

1. Application of Acts and subordinate statutes to investigation reports (digital forensic data storage media and USB files);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act concerning the punishment of the crime;

1. Article 62 (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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. The fact that the defendant has no record of criminal punishment under 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, and the fact that the registration of personal information alone appears to have the effect of preventing the recidivism of the defendant, and the defendant's age, occupation, family environment and social relationship, and the details, process, and result of the crime of this case, is an order of disclosure notification.

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