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(영문) 수원지방법원 성남지원 2019.10.17 2019고합75
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Criminal facts

Around 22:50 on October 1, 2018, the Defendant committed an indecent act on the part of the victim D (the name of the victim, the age of 17) in the city bus that passed around C located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the selection of fines for the crime;

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

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

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

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

1. An order for disclosure, notification, and employment restriction order: (a) proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (of course, there is no criminal history against the Defendant; (c) the crime of this case is committed with temporary impulses while under drinking; and (d) it is difficult to see that there is a significant risk of preventing sex offenses against an unspecified person in the future. It appears that the Defendant’s age, family environment, social relationship, disclosure order, notification order, employment restriction order, and the effect of preventing sex crimes that may be achieved by such order, taking into account the anticipated side effects, protecting the victims, etc. of personal information disclosure, notification, or employment restriction order - Reasons for sentencing, taking into account the following circumstances as well as the following circumstances of the prosecutor’s previous sentence (5 million won).

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