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(영문) 대전지방법원 2018.01.26 2017고합375

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 20, 2017, the Defendant, at around 21:00 to 21:30 on June 20, 2017, entered to verify the number of alcohol diseases in the F cafeteria No. 8 room located in Daejeon Seo-gu, Daejeon, by putting the victim G (V, 17 years of age, and Gain) who is a son, "Sak" to the victim's losses.

After that, the Defendant brought the victim's grandchildren into one's own entrance, made the victim's grandchildren fit, and continued to do so, and tried to promptly cut the victim's grandchildren, but the victim did an indecent act by stating "Isle to and good for children" without putting the victim's grandchildren.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Each police statement made with respect to G and H;

1. Investigation reports (verification and submission of data on telephone conversations by a victim), and application of the Acts and subordinate statutes governing telephone conversations files;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. 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 defendant has no record of punishment for any sexual crime prior to the instant case, and thus, has the risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

In light of all circumstances, such as the defendant's age, family environment, and social relationship, the disclosure and notification order will be disadvantageous to the defendant.