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(영문) 대구지방법원 김천지원 2014.05.02 2013고합165
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 20, 2013, at around 17:50, the Defendant: (a) reported that the victim E (the age of 15) who is a juvenile in Kimcheon-si C (the age of 15) was knicker to knife his hand and talked with his friendship, and (b) took the victim's hand into the victim's knife and knife his hand, and knife the victim's hand, and knife the victim's hand, and knife the victim's hand again to knife and knife the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of E, F, G, and H;

1. Application of Acts and subordinate statutes to police 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 concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Whether a case constitutes “any special circumstance in which disclosure or notification of personal information may not be disclosed” provided for in 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 [see, as seen below, there are special circumstances under which disclosure or notification of personal information shall not be disclosed or notified,” as set forth in 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, such as the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness, etc. of the crime, and the degree of disadvantage suffered by the Defendant due to the disclosure or notification order.

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