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(영문) 광주지방법원 2014.07.11 2013고합387
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 8, 2013, 200:55, the Defendant, at the front of the Dong-gu Gwangjudong-gu, the victim D, who walked a path, was forced to commit indecent act by force by force by force.

Summary of Evidence

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

1. Application of the provisions of Acts and subordinate statutes to statements made by witnesses D in compliance with this Court;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order and notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant is suffering from a mental divided disease, and thus, is likely to repeat the crime of this case is difficult to readily conclude that he/she has a risk of recidivism because he/she has no record of criminal punishment by exchange due to his/her mental divided disease; according to the circumstances that can have the effect of preventing recidivism even if he/she has completed the registration of personal information and sexual violence treatment program, the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The reason for sentencing is relatively minor, and the defendant committed the crime of this case by a recovery agency due to a mental division, and the crime of this case was committed by the defendant.

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