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(영문) 인천지방법원 부천지원 2017.09.22 2017고합160
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 1, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against the Victim C, came to know of the Victim C (the age of 14) through the “D”, a mobile phone hosting pole around July 1, 2017, and listened to the speech that there is no well-known place after leaving the victim.

On July 4, 2017, from around 23:00 to 24:00, the Defendant: (a) was on board the victim before the Gangseo-gu Seoul E Station to the Chief of F U.S. Cuber vehicle; and (b) while driving the said vehicle to the victim’s house and moving it to the victim’s house with the victim’s house, the Defendant was on board the victim’s chest and buckbucks.

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

2. On July 5, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against the Victim G was sent back to the Defendant’s house located in Kim Jong-si H and 404 at the time of not more than 17 years old at the Government around 03:00 on July 5, 2017, and was left back to the Defendant’s chest due to his/her hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement concerning C and G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (voluntary indecent act and choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier standing as the case for concurrent crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons among the reasons for sentencing):

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

1. The protection of children or juveniles against sexual traffic who are exempted from disclosure and notification orders;

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