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(영문) 대전지방법원 천안지원 2017.10.25 2017고합136

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On March 11, 2017, around 21:05, the Defendant, at the “D” convenience store located in Nam-gu, Nam-gu, Southern-gu, Seoul, in order to purchase coffees, etc. from the calculation team, had the victim E (15 years old and female), who is the employee of the above convenience store, knife the victim’s knife, and had the victim’s knife.

As a result, the defendant committed indecent acts against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notification of departments related to the report of the 112 case and the application of statutes to investigation reports (on-site CCTV confirmation and suspect's criminal records);

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 Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant, so prudentness is required for the exemption from disclosure and notification order.

In this case, the risk of recidivism can be reduced by completing the registration of personal information and the sexual assault treatment program.

In light of other circumstances, such as the Defendant’s age, sexual conduct, family environment, and social relationship, the effect of preventing sexual crimes, etc., which may be achieved by the disclosure and notification order compared to the disadvantages and expected side effects that the Defendant may sustain, appears to be relatively less. However, the special circumstances that may not disclose the Defendant’s personal information, are acknowledged as the reason for sentencing.

1. Scope of punishment by law: Fines of not less than 5,000,000 won, but not less than 15,000; and