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(영문) 수원지방법원 평택지원 2017.11.06 2017고합223

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

Around 08:13 on August 17, 2017, the Defendant committed an indecent act on the victim’s juvenile in any public means of transportation by force, as the Defendant continued to use the victim’s school uniforms by making it possible for him/her to use it into the victim’s left buck bucks, and by making it possible for him/her to sit on the left side of the victim F (the age of 15) seated above the driver’s seat, to sit on the left side of the victim F (the age of 15).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the crime committed by the relevant legal profession (a indecent act in a densely concentrated place);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a crime committed against a violation of the Act on the Protection of Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the type and degree of conduct of the instant crime) of the Act on the Protection of Juveniles against Sexual Abuse (the type of the instant crime, the degree of conduct, and the Defendant’s completion of the sexual assault treatment program to a considerable extent to prevent re-offending;

The defendant's age, occupation, social relation, circumstances leading to the crime of this case, details of the crime, and other various circumstances, such as the benefits and preventive effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects resulting therefrom, shall be comprehensively considered.