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(영문) 광주지방법원 2014.10.17 2014고합313
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant, at the D convenience point located in Gwangju Mine-gu, 00:06 Gwangju, her knifeed the knife of the victim E (here, 15 years old) who is a part of the right knife, committed an indecent act by force against the victim, who is a child or juvenile, on his/her left hand.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made to E prepared by the assistant judicial police officer, which is appropriate for such statement;

1. Any description of the progress of the investigation prepared by the public prosecutor and the records fit for such progress;

1. Application of the video-related Acts and subordinate statutes satisfying out of photographs;

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 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. Registration of personal information of the Defendant is subject to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [this case’s crime has no history of being punished for a sex offense, and there is no evidence to deem that the Defendant’s act was habitually sexual assault against the Defendant, and it is difficult to readily conclude that the Defendant’s personal information registration and the completion of sexual assault treatment programs would lead to the Defendant’s prevention of recidivism even if the Defendant had certain occupation and has some adverse effects on the Defendant’s child, compared to the effect of the prevention of sexual crimes expected by the disclosure and notification order to the Defendant. In full view of all circumstances, the Defendant’s personal information should not be disclosed and notified.

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