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(영문) 서울남부지방법원 2014.09.12 2014고합6

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 11, 2013, around 12:10 on October 12:10, 2013, the Defendant walked on the victim E (here, 16 years old) who reported the said fireworks on behalf of his parents in Guro-gu Seoul Metropolitan Government on behalf of his parents, and gets off the victim's left arms, and used the victim as his hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The application of two Acts and subordinate statutes to stenographic records and statement recorded CDs; and

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

2. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. The issue of whether an order to disclose or notify information constitutes “any special circumstance that may not disclose or notify personal information” under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the exception to an order to disclose or notify personal information] shall be determined by comprehensively taking into account the Defendant’s age, occupation, characteristics of the offender, such as the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify the information, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting victims of sexual crimes subject to registration (see Supreme Court Decision 2011Do1683, Feb. 23, 2012).