beta
(영문) 서울남부지방법원 2014.06.20 2014고합106

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 February 28, 2014, at around 13:50 on February 28, 2014, the Defendant committed an indecent act against a juvenile, by forcing the victim to commit an indecent act by making the victim's chest close to the victim's right side and by making the victim's chest away from the left side, on the ground that the Defendant was willing to find, look back, and want to look back (16 years of age) of the victim who walked a road in front of Gangseo-gu Seoul Metropolitan Government on the street.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to video CDs (Evidence No. 7) and video CDs (Evidence No. 11) at the time of arrest;

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 the order to disclose or notify personal information] shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of 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 resulting from the order to disclose or notify, the preventive effect of sexual crimes subject to registration that may be achieved due to such order, and the effect of protecting victims of sexual crimes subject to registration (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).