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(영문) 서울중앙지방법원 2013.03.28 2012고정2174
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 19, 201, at around 17:50 on October 17, 2011, the Defendant committed an indecent act by force against a juvenile against the victim D (here, 18 years of age) who provides information on the elevator of the same building at the guard office of Jongno-gu Seoul Metropolitan City Cdong M4, while giving a smoke, and let the victim smoked a cigarette, and then the victim humdly hly hly hly hly hly hly hly hly h

Summary of Evidence

1. D's legal statement;

1. Statement made to D by the police;

1. Application of D’s Acts and subordinate statutes on the complaint;

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 criminal facts;

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

1. Where a person who has committed a sex offense against a child or juvenile subject to an order to complete a program under Article 334(1) of the Criminal Procedure Act is sentenced to a fine or heavier punishment, an order to complete a sexual assault treatment program shall be issued concurrently (Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse). However, in the instant summary order, the Defendant may not order the person to complete a program in accordance with the principle prohibiting disadvantageous changes as stipulated under Article 457-2 of the Criminal Procedure Act in the instant case

Where a conviction of a defendant against a crime in the judgment that is a sex offense against a child or juvenile whose personal information is registered becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to the head of the competent police office

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