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(영문) 춘천지방법원 원주지원 2015.04.16 2015고합7
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

The Defendant was indicted on December 20, 2014 by the prosecutor on December 21, 2014; however, considering the respective statements of the Defendant and the victim, it is obvious that the instant crime was committed on December 21, 2014, and even if the instant crime was modified, it is deemed that there is no risk of undermining the identity of the facts charged, or causing disadvantages to the Defendant’s exercise of his/her right to defense.

At around 05:00, the defendant's dwelling place located in Won-si, the victim D (the 16-year old age) has been playing as the defendant's father's son's son's son's son's son's son's knife, the victim's knife with his son's hand, the victim's knife with the victim's knife, the victim's knife with the victim's knife, and the victim's knife with his knife was divided into two and three times

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of two Acts and subordinate statutes to the statement recording CDs

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is no record of punishment for the same sexual crime before the instant crime is committed by the Defendant under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant has the habit of a sexual crime against the Defendant

In full view of the circumstances such as the fact that there is no substantial need to impose security measures such as an order to disclose or notify personal information as well as the fact that the disclosure or notification of personal information of the defendant is considerably high in the degree of infringement of legal interests of the defendant and his/her family members.

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