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(영문) 서울북부지방법원 2019.07.26 2019고합61

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

On April 13, 2018, at around 15:45, the Defendant committed an indecent act by force against the victim E (one’s name, half’s age, and 16) who was participating in a commemorative event to make D d d satis in front of the “C” located in the Government-Si of Gyeonggi-do, Gyeonggi-do, on April 13, 2018.

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of statutes to video CDs or stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 15352 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 15904; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities; the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the Act on Welfare of Persons with Disabilities) (the fact that the registration of personal information against the defendant and the order to complete a program seems to have the effect of preventing recidivism, taking into account other profits and preventive effects expected by the employment restriction order, disadvantages and side effects therefrom, etc., it is deemed that there are special circumstances in which the employment of the defendant is not restricted);

1. Registration of personal information on the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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;