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(영문) 인천지방법원 부천지원 2015.05.29 2015고합17
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 19, 2014, from around 00:00 to around 01:10, the Defendant: (a) moved out in the victim F (year 16) at the victim’s public bath room of 4th male bath water in Kimpo-si, Kimpo-si; and (b) made soup soup to the victim’s f (age 16) and considered the victim’s sexual organ as his hand.

As a result, the Defendant committed indecent acts against the victim who is a child or juvenile by taking advantage of the victim's inability to resist.

Summary of Evidence

1. Each legal statement of witness F and G;

1. F's substitute part among the third interrogation protocol of the defendant against the defendant

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Although Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act on the indictment for the crime are stated as “Article 298 of the Criminal Act,” it appears to be a simple error under Article 299 of the Criminal Act, it is corrected.

(Selection of Fine)

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

1. 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 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse who were exempted from an disclosure order and a notification order (a) comprehensively taking account of the following: the Defendant’s age and occupation, type and motive of the crime, the process and consequence of the crime, whether or not the same kind of power exists, the risk of recommitting the crime; the degree of disadvantage the Defendant entered due to the disclosure order and the anticipated side effects due to the disclosure order and the result of comparison and balancing between the expected effects of the sexual crime subject to registration and the expected profits, there is

1. Where a conviction becomes final and conclusive due to a criminal fact stated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant shall be subject to special cases concerning the punishment, etc.

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