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(영문) 인천지방법원 2014.10.31 2014고합330
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 2012, the Defendant posted a letter “persons who play in the Internet site” on the Ntdokbook, and came to know that there was no place to go to the said victim and D from his home through the friendship D and hosting of the said victim C (Inn, 17 years old) and then proposed to D to move the victim and D to the residence of the Defendant in the Yeonsu-gu Incheon Metropolitan City E 104.

On September 2012, 2012, the Defendant discovered that the victim was locked at the victim’s residence in the middle of 2012.9.9., when the victim got in his house, the Defendant was able to take care of the victim’s clothes, put him in the victim’s clothes, and got the victim’s chest and her chest.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the statutes on the contents of the suspect's address photograph and Kakao Stockholm dialogue;

1. Article 7 (4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 299 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Reexamination of favorable circumstances among the reasons for sentencing as follows);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), and Article 5 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by the Act on the Protection of Children and Juveniles against Sexual Abuse) where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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