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(영문) 부산지방법원 서부지원 2017.07.20 2017고합40

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

Criminal facts

On March 27, 2017, around 20:15, the Defendant followed the victim D (son, 14 years of age) in the street located in Seo-gu Busan, Seo-gu, Busan, and followed the victim and the victim “I can talk about a short-term motor vehicle.”

“Along with the victim’s stop,” the victim asked the victim “I would like to have a fluorial phone number,” and made a talk by asking “I would like to have a fluorial fluor,” and the victim’s her son’s son was only three times, thereby committing an indecent act by force against the victim, who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on video CDs, photographs, and communication content;

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act, the selection of a fine concerning the crime;

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 considered in favor of 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 against Sexual Abuse;

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

1. There are special circumstances under which the disclosure of the personal information of a defendant may not be notified if he/she considers the child exempted from the disclosure order or notification order's age, risk of re-offending, type of the crime in this case, process and result of the crime, seriousness of the crime, anticipated side effects and expected side effects of the defendant's disadvantage due to the disclosure order, preventive effects of the sex offense subject to registration that can be achieved, effect of the protection of the victim, etc.

If a conviction becomes final and conclusive on the crime in the judgment on the registration of new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant is first viewed as the reason for sentencing.