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(영문) 서울중앙지방법원 2018.08.23 2018고합273

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 19, 2017, around 21:13, 2017, the Defendant discovered that the victim E (n, 15 years of age) who is a juvenile go on the alleyway prior to the point in Seocho-gu Seoul Metropolitan Government C, and that the victim was her son and her son, thereby committing an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes to a report on investigation, and photographs of victims;

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 facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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. It is anticipated that a child exempted from an order of disclosure and notification will have the effect of preventing re-offending through the registration of personal information of the accused and the completion of sexual assault treatment programs, as well as the fact that the accused does not have the same criminal record, to a certain extent, through the exemption from such order;

There is a criminal offense against the defendant, unlike in the case of a sexual crime.

If there is no evidence to determine the identity of the accused, and considering all the circumstances, such as the benefits expected by the disclosure order or notification order of this case and the effects of preventing sex crimes, and the disadvantages and expected side effects, there is a special circumstance in which the disclosure of the personal information of the accused may not be disclosed.

[Determination]

1. Where a conviction becomes final and conclusive with respect to each crime in the judgment that is a sex offense subject to registration and submission of personal information under Articles 56(1) and (2) of the Act on the Protection of Juveniles against Sexual Abuse against Children who are subject to employment restrictions, the accused 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 the accused is required to submit personal information to a competent agency pursuant to

The defendant;