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(영문) 의정부지방법원 2018.06.07 2018고합112
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On November 27, 2017, the Defendant: (a) reported the form of Victim E (the name, 16 years of age, and n) to be passed by the Victim E (the name, 16 years of age) at the events inside the D Park in Jung-si, the Government-si around 20:38 on November 27, 2017; and (b) caused the Victim to be seated by his/her own side; and (c) stated that the Victim would be able to write off his/her hand; and (d) stated by the Victim, the Defendant would not walk the Victim with his/her chest.

하자, 피해자가 몸을 뒤로 뺐고, 다시 피고인이 피해자의 두 손을 당기고 피고인의 얼굴을 피해자의 얼굴에 가까이 붙여 귓속말을 하였다는 것이다.

귓속말로 ‘ 섹시하게 생겼어’, ‘ 뽀뽀해 줘 ’라고 하는 등 아동 ㆍ 청소년인 피해자를 강제 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the law on video recording CDs

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 relevant criminal facts;

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 and Juveniles against Sexual Abuse;

1. 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 (the disclosure and notification of registered information requires careful caution as it may have a significant impact on the defendant; the defendant led to the confession of the crime of this case and reflects his/her mistake; the defendant’s age, occupation, social relationship, family relationship, etc. can prevent recidivism even if he/she completed the registration of personal information of the defendant and the sexual assault treatment program.

In addition, the details and details of the crime of this case, and the disclosure and notification order are expected to be disadvantageous to the defendant.

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