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(영문) 창원지방법원 2019.01.17 2018고합210
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 16:18 on September 10, 2018, the Defendant: (a) committed indecent act by force against the victim D (here, 13 years of age) who was a child or juvenile while going on a path in front of C in Kimhae-si, Kim Jong-si, the Defendant, by going together with the victim D (here, 13 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on the occurrence of a crime and a report on the disposal of a reported case;

1. Application of Acts and subordinate statutes on internal investigation reports (indecent act by force / video recording for the victim / Indecent act - 1 CD-1 CD on the front CCTV, one CD on the crime scene, and a photograph on the crime scene)

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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. 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) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant had no record of criminal punishment for a sex offense before, and thus, it is difficult to readily conclude that the defendant has a risk of recidivism, as there is no record of criminal punishment for a sex offense; the registration of personal information of the defendant against the defendant, the completion of a sexual assault treatment program, and the employment restriction order alone appears to have a certain degree of expectation to prevent recidivism; and the benefits and effects expected by the disclosure order or notification order of this case as well as the disadvantages and side effects resulting therefrom, the disclosure of the defendant's personal information shall not be disclosed or notified

1. Where a conviction is finalized on the facts constituting a sex offense subject to registration, which is subject to registration, of personal information under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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