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(영문) 대전지방법원 2017.11.30 2017고합285

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On July 6, 2017, the Defendant, at the D bus stops located in Seo-gu Daejeon, Seo-gu, Daejeon, on July 18:19, committed an indecent act by force against the victim by holding the victim’s buck to the front left of the bus after getting aboard the bus, and then sitting over the victim’s bucks (the age of 18).

Summary of Evidence

1. Statement by the defendant in court;

1. The victim F’s statement recorded in the victim’s video recorded CDs, and the victim’s video recorded CDs;

1. Application of the Acts and subordinate statutes to photograph CCTV images CDs and CCTV screen images by capturing them;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the effect of preventing re-offending can be achieved only on the registration of personal information of the accused and taking lectures to treat sexual assault, in light of the age, occupation, family environment, social relationship, etc. of the accused recognized in the record;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

[Determination]

Reasons for sentencing

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. The scope of the recommended punishment according to the sentencing criteria: The sentencing criteria shall not apply to the case where a fine is selected: 3. The Defendant, who was punished by a fine of KRW 4 million, committed an indecent act by only the victim’s bucks which are not open in buses, and the nature of the offense is not good.

However, the defendant led to the confession and reflect of the crime of this case, the defendant agreed with the victim and paid the agreed amount, thereby compensating the victim for the damage.