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(영문) 인천지방법원 2014.01.17 2013고합768
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 May 24, 2013, at around 20:10, the Defendant discovered the victim D (the age of 17) who was sitting and diving in the front seat of the Defendant in the C bus passing ahead of the Youth Training Center in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, and attempted to commit an indecent act.

On the other hand, the defendant continued to have his hand included his hand in the narrow side crepans by the victim, and after extending into the future, the chest and urine of the above victim became several times.

As a result, the defendant committed indecent act against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to CCTV photographs and CCTV video CDs in buses;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 299 of the Criminal Act concerning criminal facts;

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

1. Where the conviction of the instant criminal facts is finalized, the Defendant who registered personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, constitutes a person subject to registration of personal information under Article 33(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 43 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit each personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning

As a fine is imposed on the defendant exempted from the disclosure order and notification order, the disclosure and notification of the registered personal information of the defendant shall not be ordered pursuant to the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

As the reasons for sentencing have been selected, the sentencing guidelines shall apply.

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