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(영문) 부산지방법원 2018.07.13 2018고합99

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

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

Reasons

Criminal facts

On January 7, 2018, the Defendant discovered the victim from the home of the friend in the E elementary school located in Busan-gu Busan-gu, Busan-do, and talked with the mother of the victim F (n, 17 years of age)-friendly friend, and found the victim to “the vehicle was cut down until friend.”

“In the event that the victim was born later than one’s own soil, and the victim arrived at the Busan metropolitan apartment parking lot near the office of the victim, which is located, and then the victim was landed, and the victim “Iskman Sck only” was brought to the victim.

In doing so, “the victim was forced to have kisk, kisk, kisk, kisk, etc.,” which read “the victim was forced to commit an indecent act by force.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age and social relation, records of the crime, details and motive of the crime, method of the crime, method of the crime, order of disclosure or notification, the degree and expected side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of the protection of the victim, etc.

Therefore, it is judged that the defendant is not ordered to disclose and notify the defendant.