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(영문) 광주지방법원 순천지원 2015.07.16 2015고합97

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

On April 17, 2015, at around 17:35, the Defendant committed an indecent act by force on the part of the victim C (the age of 18) who was seated adjacent to the Defendant’s seat, extending out the hands of the city bus that passed prior to the office in front of the relevant sub-office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes governing the internal photograph of buses;

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 criminal facts;

1. Mitigation of discretionary mitigation (the following favorable circumstances among the reasons for sentencing) Articles 53 and 55 (1) 6 of the Criminal Act:

1. Articles 70(1) and 69(2) of the Criminal Act (the period of detention shall be fixed in consideration of the fact that it is necessary to promote equity in light of somewhat diverse economic circumstances in the absence of the introduction of the defendant's age, import, property, and the number of days fine system);

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

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

1. In full view of various circumstances, such as the Defendant’s age, family environment and social ties, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects resulting therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information.

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won; and

2. The Defendant committed the instant crime with sentence: (a) the Defendant committed an indecent act by deceiving the victim’s buckbucks, which is a high school student, in light of the victim’s age, details of the crime, etc.; and (b) the Defendant was not able to receive the use from the victim.