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(영문) 인천지방법원 2015.02.06 2014고합836
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

Punishment of the crime

On January 8, 199, the Defendant was sentenced to 15 years of imprisonment with prison labor for murder at Suwon District Court, and on August 14, 2013, the period of parole passed on September 6, 2013 in the execution of the said sentence.

On June 18, 2014, at around 06:30, the Defendant committed an indecent act against a child or juvenile by forcing the victim to commit an indecent act by forcing the victim to commit a child or juvenile, by 77-time city bus operated in the direction of the water delivery middle school in Bupyeong-gu Incheon Metropolitan City, Incheon, by holding the victim C (n, 17 years of age) seat above the victim's right knee, and knee part of the victim who entered the school uniforms in hand several times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: The application of criminal records, investigation reports (written judgments and copies of indictments) and statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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

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

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to twenty-five years;

2. The range of recommendations on the sentencing criteria [the determination of a type] the group of sex crimes, general standards, and the crime of indecent act by compulsion (subject to 13 years of age or older): Reduction elements of the two types (special person): Indecent act.

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