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(영문) 수원지방법원 평택지원 2017.11.06 2017고합135

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 20, 2017, around 16:20, the Defendant committed an indecent act by reporting the victim E (the name, the 16-year age), a juvenile, who was a child or juvenile in his/her place, and committing an indecent act against the victim by forcing the victim to commit an indecent act. On his/her own hand, the Defendant committed an indecent act by using the victim’s part as one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statements made by the E and F;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the first offender who has no record of punishment, and the Defendant’s completion of sexual assault treatment programs to a considerable extent that the effect of preventing recidivism can be achieved by ordering the Defendant to do so;

In full view of the Defendant’s age, occupation, social relation, background leading up to the instant crime, details of the instant crime, and other various circumstances, such as benefits and preventive effects expected by the instant disclosure order or disclosure order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In the event that a conviction is finalized against a defendant who has registered new information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment: A fine not exceeding five million won;