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(영문) 대전지방법원 천안지원 2015.11.11 2015고합213

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

Punishment of the crime

At around 21:40 on June 18, 2015, the Defendant saw the victim F (the victim F (the 16-year old) suffering from cathered cathers to go, and saw the victim as “G” in front of 100 meters away from her place to 100 meters, and made an indecent act on the victim’s left hand, who did not make any speech.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site photograph data, a photographic data by cutting off a H vehicle's black image screen, a photographic data by cutting off CCTV images installed outside a mobile phone store in the vicinity of the site where the suspect is exposed, a photographic data by cutting off the 109 Internet CCTV images of the I apartment in which the suspect A resides, and a photographic data by cutting off the CCTV images installed at a mobile phone store at the entrance of the J apartment;

1. Application of Acts and subordinate statutes to a report on internal investigation (field status), report on internal investigation (to analyze the image of vehicle black boxes), and report on internal investigation (to analyze data on car screening);

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 criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification, 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, the fact that the accused is a primary offender and is against the law, and the degree of indecent act is not severe, it is readily concluded that the accused is highly likely to again block sexual crimes.