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(영문) 의정부지방법원 2017.11.29 2016고합605

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 August 7, 2016, the Defendant committed an indecent act against the victim in a manner that the victim F (V, 17 years old) who is a part of the instant restaurant, was in the way in which the Defendant was entering the main room in the “E” restaurant (hereinafter referred to as the “instant restaurant”) operated by the Defendant in Yangju-si (hereinafter referred to as the “instant restaurant”) at Yangju-si, in which the her her son F (V, 17 years old), who is the her part of the instant restaurant, was in his/her hands, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part or all of the witness G, H and F’s legal statement;

1. Application of the statutes that contain some statements in the police interrogation protocol to the accused;

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 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 being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, only with the registration of personal information of the defendant and the completion of a sexual assault treatment program can prevent recidivism.

In full view of other circumstances such as the defendant's age, motive and method of crime, defendant's character and conduct environment, degree of disadvantage suffered by the defendant due to the defendant's order of disclosure, anticipated side effects, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (see Supreme Court Decision 2011Do16863, Feb. 23, 2012) where a conviction becomes final and conclusive on the facts constituting a crime in which new information is registered.