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(영문) 대전지방법원 2018.07.19 2018고합175
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

On February 10, 2018, the Defendant: (a) committed an indecent act by force by force on the part of the victim D (if the Defendant was seated) who was a juvenile at the seat next to the Defendant, at a high-speed terminal located in the Geumsan-gun, Geumsan-gun, Chungcheongnam-do, 77, a 77-ro, a 41-4, located in the Geumsan-gun, Seosan-gun, Daejeon, to a bus terminal located in the 41-4, the Seosung-gu, Seosung-gu, Daejeon-gu, Seosan-gu, Seosan-gun, and caused the Defendant to sit in the seat next to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of bus passes and criminal place, photographs of bus passes, copies of bus passes, CD 1 CD stored with film materials, and letters sent and received by the victim immediately with a friendly club;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal 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. An order to disclose information, an order to notify, or an order to restrict employment of a child exempted from such order, the proviso to Article 49 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no record of punishment for a sexual crime, the fact that he/she has no record of being punished for a sexual crime, and the completion of a program for registering personal information and

In full view of various circumstances, such as the Defendant’s age, family environment, circumstances leading up to each of the instant crimes, disclosure and notification orders, and anticipated side effects that the Defendant would suffer, benefits expected therefrom, and effects of the prevention of sexual crimes, there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed, and special circumstances in which such disclosure of the Defendant’s personal information may not be ordered.

The sentencing is determined.

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