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(영문) 서울서부지방법원 2014.02.13 2013고합294
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

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

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

Reasons

Punishment of the crime

On August 26, 2013, at around 17:50, the Defendant committed an indecent act by force against the victim, such as: (a) the Defendant, while receiving a bed treatment in a bedctoc room in Seodaemun-gu Seoul, Seoul, on August 26, 2013; (b) the Defendant took the hand of the victim E (nivers, 18 years of age) who is an assistant nurse; and (c) made the victim knife by taking the victim’s own knife, contacted the Defendant’s flifecing, and attempted to put the Defendant into the Defendant’

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

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 the selection of applicable laws and punishment for the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Order to complete a program under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] / [the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse only has the record of being sentenced to a fine for a violation of the Occupational Safety and Health Act around 1994; there is no record of criminal punishment or investigation before the crime in the instant case; in light of the Defendant’s age, character, etc., it is difficult to deem that the Defendant has a sexual crime habit or a risk of recidivism; thus, there is no need to impose a security measure such as an order to disclose personal information on the Defendant; ② The degree of indecent act committed in the instant crime is relatively minor; and even if the Defendant’s social relative relationship is obvious, the degree of infringement on the legal interests of the Defendant is significantly great (see, e.g.

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