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(영문) 인천지방법원 2019.07.26 2019고합28
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 21, 2018, at around 07:10, the Defendant: “C” located in Michuhol-gu Incheon Metropolitan City B, 07: (a) had the intent to report the victim D (title, name, 18 years of age) and commit an indecent act; (b) the victim Dac “I want to engage in dial-a-a-law; and (c) has to go through dial-in-law; and (d) the victim Dac intended to bring the victim into two parts of the defect, intending to go beyond the site.”

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

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Application of D's statement-related Acts and subordinate statutes recorded in CDs for video recording investigation and storage;

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

1. The main sentence of Article 49 (1) and (2), the main sentence of Article 50 (1), Article 7 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 7 (1) 2 of the Lapse of Punishment, etc.;

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

A. The Defendant was trying to attract the victim to double arms, and the victim did not refuse to attract the victim.

B. At the time of the instant case.

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