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(영문) 인천지방법원 2016.01.20 2015고합140
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
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 February 15, 2015, the Defendant reported on February 15, 2015, 05:20, 05:20, that the victim C (n, 16 years of age) was diving and was unable to resist, and that the victim gets her body by hand.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

around 05:25 on April 12, 2015, the Defendant 201 of 2015, around 05:25, in a soup room of “H” located in Gangdong-gu Seoul Metropolitan Government G, the Defendant saw the victim I (e.g., 23 years of age) who was diving, using the state of resistance impossibility, used the victim’s kid, she kids the victim’s chest, she kidds the victim’s chest with her hand, she khs the victim’s chest with her hand, she laid the victim’s chest, she laid the her finger with her clothes, etc., and put the her ear into the victim’s ear.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

"2015 Gohap 140"

1. Partial statement of the defendant;

1. Protocol 2015, 501, 300,000

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning facts constituting an offense (the point of committing an indecent act by any quasi-performance and the choice of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38(1)1, and Article 50 of the same Act [the aggravated punishment for concurrent crimes committed by force as of April 12, 2015 with heavier punishment];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exemption 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 it is necessary to pay careful attention to the disclosure and notification order of registered information, and the following circumstances are recognized as recorded.

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