beta
(영문) 서울중앙지방법원 2017.02.02 2016고합1247

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 19, 2016, around 00:30 on July 19, 2016, the Defendant provided the victim E (the victim E (the family name, South, and the age of 16) (the family name) who was a child or juvenile dialogueed with friends in front of the D convenience store located in Dongjak-gu Seoul Metropolitan Government, Seoul, with a tobacco, and provided a bath to the victim by taking the friend, with a hand on one occasion for the victim's sexual organ.

“Indecent act committed by force against the victim”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Copies of each statement;

1. Request for cooperation in investigation, the place of criminal investigation, each investigation report (the list Nos. 6, 7, 14 of evidence), and the request for cooperation in investigation

1. CCTV for crime prevention: Application of 70 Acts and subordinate statutes;

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 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 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. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of this case is not performed to satisfy the sexual satisfaction against many unspecified persons, and the type and degree of conduct for which the crime of this case was committed is not significant, and the defendant has a habit of sexual assault or has a high risk of recidivism due to the absence of a sex offense.

It is difficult to see, only by completing the registration of personal information of the defendant, and the completion of the sexual assault treatment program, to prevent recidivism to a certain extent.

In addition, considering all the circumstances, such as the defendant's status, sexual conduct, and social ties, the disclosure and notification order has a big side effect and expected side effects on the defendant's suffering, while the effects of sexual crime prevention, etc. that can be achieved by such order are relatively less.