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(영문) 인천지방법원 2018.06.28 2017고합830
아동ㆍ청소년의성보호에관한법률위반(강제추행)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

Criminal facts

On September 4, 2017, at around 20:0, the Defendant was drunk in front of a male toilet on the first floor of Incheon, Seo-gu, Incheon Metropolitan City, and was in his/her hands at the entrance of the toilet, the part of the sexual flag of the victim D (17 years old) who is a child or juvenile, who was a child or juvenile, was in the entrance of the toilet, was in front of his/her clothes, and followed up the sexual organ part of the victim E (15 years old) who was the births of the above D, who was in his/her back, was not in the wind of the victim E, but was not in the wind of the Defendant.

Accordingly, the defendant did not commit an indecent act by force against the victim D, who is a child or juvenile, and did not commit an indecent act by force against the victim E, who is a child or juvenile, but did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A report on internal investigation (an investigation at the site and an analysis of the extraction of CCTV images) and an investigation report (to hear statements by victim D phone);

1. Application of Acts and subordinate statutes of notification to the 112 Reporting Department;

1. Relevant legal provisions and Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the compulsory indecent act by youth, the choice of imprisonment), Article 7(6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the attempted crime by youth, the choice of imprisonment, and the choice of punishment) concerning criminal facts;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the aggravated punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no record of punishment for any sexual crime, and the registration of personal information and the treatment of sexual assault shall be enforced.

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