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(영문) 서울남부지방법원 2018.02.20 2017고합555
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 (State) has used the bus to go to the school for the purpose of studying in the school. (A) The electric accident of the C Village Bus and the victim D (15 years of age) has been using the bus to go to the school.

1. Around May 2017, the Defendant, on the part of May 2017, committed an indecent act by force, was stopping a bus at the bus stops in front of the F middle school bus stops located in the F middle school in the city of Pakistan on May 2017, and the victim paid the bus charges on the bus in order to put the bus in the public book, and the victim, by his own hand, was boomed with the clothes of the victim.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On July 6, 2017, the Defendant, from around 16:00 on July 6, 2017 to around 17:00, was waiting a bus at the bus stops in front of the F middle school bus located in E at the time of strike between 17:00, while the injured person was standing a bus at the bus stops in front of the F middle school bus located in E at the time of strike, the injured person was in the front side of the bus in order to conduct personnel affairs, and the injured person was in his/her own hands, with the victim’s clothes.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the stenographic records of the Gyeonggi-west Sea Center, and the statutes governing video recording CDs for victims;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in paragraph (2) of the same Article which has heavier criminal facts];

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction of the instant crime is finalized with respect to the registration of personal information under Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

The age of the defendant exempted from the disclosure order and notification order;

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