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(영문) 인천지방법원 2019.03.29 2018고합782
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

On February 23, 2017, the Defendant was sentenced to eight months of imprisonment for assault, etc. at the Incheon District Court on February 23, 2017, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on September 1, 2017.

Criminal facts

On July 26, 2018, at around 20:55, the Defendant walked to the front side of the building located in Jung-gu Incheon Metropolitan City, such as the victim C (one name, half, 15 years of age), etc. who passed the front side of the building, and opened the horse before the victim who has the right to return home, and used the victim's right end-off by hand.

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

Summary of Evidence

1. CCTV storage CDs;

1. Stenographic records concerning C;

1. CCTV image closure photographs;

1. Investigation report (to listen to the statement in the D phone from a shote);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (the facts of crimes during the period of repeated crimes), one copy of the judgment, and one copy of the status of confinement of individuals;

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 with labor for the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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, exempted from an order to disclose or notify personal information (in full view of the possibility of recidivism of a sexual crime by the accused, the degree and expected side effects of the disadvantage and side effects of the accused accused on account of an order to disclose or notify the accused, the preventive effects of a sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims from a sexual crime subject to registration, it is deemed

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( March 13, 2018), and the former child and juvenile.

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