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(영문) 부산지방법원 2014.08.27 2014고정1088

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 04:00 on May 31, 2012, the Defendant, at the Defendant’s house located in the Busan Youngdo, drinked alcohol such as the victim C (at the age of 14), frightened the victim’s chest by drinking the victim’s chest, and frighted the victim’s chest, and frighted the victim’s chest by drinking the victim’s chest, and frighted the victim’s chest, even though the victim was unfrighted in diving, the Defendant continued to commit an indecent act on the part of the victim’s son and bucks.

Summary of Evidence

1. An interrogation protocol of the police against the accused (second time);

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a report on investigation (victim photographs) and a report on investigation;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, the selection of fines, and the selection of fines.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, 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

However, in light of the fact that the type of the Defendant’s exercise of personal information appears to have been significantly weak in the crime of this case, the concurrent imposition of orders to improve character and behavior, and other factors such as the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, and the prevention and effect of sexual assault crimes that can be achieved therefrom, it is determined that there are special circumstances where personal information should not be disclosed or notified to the Defendant. Thus, Articles 38(1) proviso and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.