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(영문) 의정부지방법원 고양지원 2018.08.14 2018고합20

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant served as a sports teacher in C High School in B, and the victim D (V, 18 years old) was a student in C High School.

Since the end of June 2016, the Defendant committed an indecent act against the will of the female in a manner of soging that the Defendant was aground for three seconds of his left hand in the victim D (the age of 16 at that time) where he was trying to perform his duties after he was seated in the Defendant’s left part of C High School D High School (the age of 16 at that time).

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police and prosecutor with regard to D;

1. Application of Acts and subordinate statutes on the petition of complaints filed in DNA;

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act, the selection of a fine concerning the crime;

1. Articles 70 and 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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is no criminal record of the same kind, and the defendant is likely to recommit a sex crime in light of the details, details, degree, etc. of the instant indecent act, etc. of this case, under Article 49 (1) (proviso), Article 50 (1) (proviso), and Article 56 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from the disclosure order, notification order, and employment restriction order;

It is difficult to conclude that the defendant has an effect to prevent recidivism even with the completion of sexual assault treatment programs or the registration of personal information.

In full view of other social benefits expected by an information disclosure order, an information notification order, and an employment restriction order, the prevention effect of sexual crimes, the disadvantage and anticipated side effects of the defendant, etc., there are special circumstances in which the personal information of the defendant should not be disclosed or notified or the employment of the juvenile-related institutions, etc. shall not be restricted.

I think)

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the assertion shall include the details of the victim's complaint and the statement of the victim;