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(영문) 부산지방법원 2018.02.02 2017고합613

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 29, 2017, around 10:30 on September 29, 2017, the Defendant: (a) reported the Victim E (18 tax, female) who is a part-time student in Busan Dongdong-gu C5, and D Prisido, “D Prisi.”

One-time, the term "Isia Boh", and the victim was able to attract the victim in good hands, and the juvenile victim was indecently committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. Special circumstances under which a defendant may not disclose his/her personal information, if he/she comprehensively takes into account the family environment, social ties, the risk of recidivism, the degree of disadvantage and anticipated side effects of the defendant's entry due to an order of disclosure or notification, and the prevention of sexual crimes subject to registration that may be achieved due to such order, etc., of the defendant's obligation to disclose his/her personal information, under Articles 49 (1) (proviso) and 50 (1) (proviso) of the Act on the Protection of Juveniles from Sexual Abuse;

[Judgment] Grounds for sentencing

1. Scope of punishment: Fines of 5,000,000 to KRW 15,00,000;

2. Since a sentence is imposed by a fine, a separate sentencing criteria shall not apply.

The Defendant committed an indecent act by inducing the victim who is a juvenile in person.

This is highly likely to be criticized in that the correct gender of the juvenile victim may have a great impact on the establishment of a sense of view and the development of normal sentiments.

The victim was sexual humiliation and mental suffering due to the crime of this case.