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(영문) 수원지방법원 2018.05.17 2018고합66
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a school lecturer of “D Driving School” in Suwon-gu, Suwon-si, and the victim E (V, 13 years old) is a student who attends the above driving school from April 2017.

On August 11, 2017, the Defendant: (a) committed an indecent act against a child or juvenile victim by: (b) having the victim’s two arms after the victim, in the lecture room located in Suwon-si, Suwon-si, and in the lecture room of 701, the “D Institute”, and in the lecture room of 701, the Defendant was forced to commit an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of E statements and stenographic records of each statute;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. In full view of the Defendant’s age, family environment, social ties, previous convictions, and the risk of recidivism of a child exempted from disclosure or notification order [no such criminal records] under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the Defendant’s age, family environment, social ties, and criminal records (no such criminal records as well as profits and preventive effects expected from the disclosure or notification order of this case, and disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’

In the case where a conviction is finalized on the facts charged of this case, which is a sex offense subject to registration of new information, the defendant constitutes a person subject to registration of personal information under 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 under Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences: Fines of five million won to fifteen million won;

2. Whether the sentencing criteria are applied: A fine;

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