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(영문) 대전지방법원 공주지원 2017.01.11 2016고합31

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from August 24, 2016 to 03:00 on August 24, 2016, was informed of the victim D (V, 18 years of age, Ga) who was a juvenile in C at the time of Gongju-si.

During the mobile game called ‘Mabbbb' both of the victims including E and ‘Mabbbbbbbbs', the victim's left side bucks were rhyd, and the victim was prevented from committing the Defendant's act, and the victim re-enters back again, Dabbbbbs 2-3 times the victim's left left side buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and E;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment of Kax photographs);

1. Relevant Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act ( comprehensively referred to as “the selection of fines”) concerning criminal facts, and Article 7(2) of the same Act;

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. 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 against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Sexual Abuse against Children exempted from an order to disclose information; (b) the Defendant’s age, family environment, social relationship, criminal records, and the degree of risk of recidivism; (c) the benefits and preventive effects expected by the order to disclose information of this case; and (d) disadvantages and side effects therefrom; and (e) the registration of personal information of this case and the order to complete a program

Since the defendant's personal information should not be disclosed to the public, there is a special reason to not disclose the defendant's personal information.

The reason for sentencing is that the victim, who is a juvenile, has suffered mental shock due to the defendant's crime of this case.