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(영문) 인천지방법원 2014.10.15 2014고합381
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 25, 2014, at around 07:10, the Defendant: (a) directed the victim C (at the age of 15) who was going on the frightway in order to walk in front of the Incheon Western 58-16, Seo-gu, Incheon, Seo-gu, Seo-gu, in order to forcibly commit an indecent act; (b) told the victim that he was not frightd with the left side of the victim; and (c) told the victim that “Is the fright to write off the numbers”, and laid down his cell phone to the victim.

Therefore, as the frighten victim notified the victim of his number and her name, the defendant frighted the victim, and the defendant frighted the victim, and frighted the victim's face, humping the victim's face, bringing the victim's frighting, bringing the victim's frighting, and forced the victim to fright the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the fact that the Defendant had no record of punishment for sexual assault before the instant crime was committed, and the degree of indecent act in this case, the Defendant’s age, social relationship, etc. in this case appears to have the effect of preventing recidivism even with the completion of personal information registration and sexual assault treatment programs, and all other circumstances such as the benefits expected by the instant disclosure order or notification order and the effectiveness of prevention, disadvantages and side effects, etc.

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