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(영문) 의정부지방법원 2017.09.27 2017고합235

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 April 17, 2017, at around 23:50, the Defendant was boarding the elevator on the 3rd floor of the Mapocheon-si Building D with one way (three male and one female) and found the victim E (15 years old), which was first on board, and entered the elevator to enter the elevator, again, the Defendant followed the victim et al. who was on the side of the door, and followed the victim et al., who was on the side of the door, 3 to 4 times above, and the right shoulder was moved down by the victim et al., and the Defendant was removed from the Defendant, and the Defendant’s daily women et al. were removed from the Defendant and removed, and “I will report it to such a galm.”

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the CD-related Acts and subordinate statutes to D buildings and CCTV video data from G mainly;

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 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 and Juveniles against Sexual Abuse;

1. The effect of preventing re-offending can be limited to a certain extent, even if the defendant has no record of punishment for a sex offense before the instant case, the sentence sentenced by the court, the registration of personal information imposed on the defendant, and the completion of a sexual assault treatment program, 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, which is exempted from disclosure and notification orders;

In addition, the defendant's age, family environment, family relationship, disclosure order, and notification order are the degree of disadvantage and expected side effects of the defendant's entrance, and the preventive effects of the sex offense subject to registration that can be achieved by such order and the sex offense subject to registration.