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(영문) 의정부지방법원 고양지원 2017.05.26 2017고합26

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

[criminal records] On April 23, 2015, the Defendant was sentenced to imprisonment for two years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) at the Seoul High Court on April 23, 2015, and completed the execution of the sentence at the Seoul Southern Prison on January 12, 2017.

[2] On January 15, 2017, the Defendant: (a) discovered the victim E (V) who was fright with the words, and attempted to commit an indecent act against the victim at one’s front side of D middle school located in Pakistan on January 15, 2017; (b) discovered the victim E (V) at one’s own seat; and (c) attempted to commit an indecent act against the victim; and (d) took the victim’s side behind the victim, the Defendant was unable to fright up one time with the victim’s hysium on one hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the E police statement;

1. Statement made by the police of the F;

1. Photographs of the suspect at the site, investigation report (verification of the victim's attachment at the time of damage, etc.), two video-recording CDs (Evidence Nos. 8);

1. Previous convictions in the judgment: To apply three copies of previous convictions in the disposition, results of confirmation, and one copy of the judgment, and one copy of the personal confinement status;

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 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 and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which exempt the disclosure order and notification order, (i) a criminal record of a sex offense in the production of obscene materials used by a child or juvenile, has different types of crimes from that of the instant crime, and no other criminal record exists; (ii) the instant crime appears to have been committed by the Defendant while under the influence of alcohol; and (iii) the completion of the registration of personal information and