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(영문) 춘천지방법원 원주지원 2014.12.31 2014고합117
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 26, 2014, around 22:55, the Defendant committed an indecent act against the victim on the part of E in front of the Republic of Korea, where the victim F (n, 16 years of age), who was a juvenile who was her seated, was her seated, only once as her left hand.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 6 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. Taking into account the circumstances such as the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (where a judgment on the registration of personal information becomes final and conclusive, the Defendant is obligated to submit personal information to a competent authority pursuant to Article 43 of the same Act because the Defendant has no record of punishment for a sexual crime of the same kind prior to the instant crime; the Defendant is unable to be deemed to have committed a crime of this case; the need to impose security measures such as an order to disclose or notify personal information is unnecessary because it is difficult to deem that there is a habit of sexual crime or that there is a risk of recidivism; and where the disclosure or notification of personal information of the Defendant is considerably large to the extent of infringement of legal interests of the Defendant and his/her family members.)

The reason for sentencing [Incompetence] When considering the shock that the victim of the age of 16 was the victim due to the instant crime, the defendant is strict.

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