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(영문) 서울동부지방법원 2013.09.26 2013고합216
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 23:00 on July 24, 2013, the Defendant committed an indecent act by force against the victim E (V, female, age 17) who was in the atmosphere of the signal at the front crosswalk of Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as “Absent act by force”) on the following grounds: (a) around July 24, 2013, when the Defendant was under the influence of alcohol to distinguish things from others or lacks the ability to make a decision.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Articles 10(2) and 55(1)6 of the Criminal Act to be mitigated legally (a person with a mental disability, the background, means and method of the instant crime, the degree of the Defendant’s drinking at the time of committing the instant crime, and the circumstances after committing the instant crime, it appears that the Defendant had the ability to discern things or make decisions due to excessive drinking at the time of committing the instant crime)

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on personal information registration of a child or juvenile under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information

The issue of whether the disclosure order and notification order under Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “any other special circumstance deemed to prohibit disclosure of personal information” as one of the grounds for exception to the disclosure order and notification order under the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be

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