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(영문) 창원지방법원 마산지원 2014.04.23 2013고합96
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

While the Defendant was operating Scam Market with the trade name “D” in Changwon-si, Changwon-si C, the Defendant became aware of the victim E (n, 13 years old) who frequently come to be customers.

At around 21:00 on September 4, 2013, the Defendant committed an indecent act against the victim, who was a customer, by having the victim take the ice cooling house and take the goods in front of the ice cream, with the intent of committing an indecent act against the victim, and the victim’s rears the buckbucker, with the victim’s kbbbbbbs being pushed in the bucker’s kbbbbs, and then w off the victim’s knife of the goods in front of the buckbs. The Defendant committed an indecent act against the victim, who was a child or juvenile, by force, by talking the victim’s chest and side kbs of the goods in front of the buckbs.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Stenographic records;

1. Application of the video CD-related Acts and subordinate statutes;

1. Article 7 (5) and (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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

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

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 50(1) of the same Act (the fact that the defendant has no record of punishment for the same kind of crime, and the degree of indecent act is not heavy, the defendant cannot be deemed to have a habit of sexual assault, and the profits and preventive effect expected by an order to disclose or notify information to the defendant, and the disadvantages and side effects of such order, it is judged that there are special circumstances that the disclosure and notification of the defendant's personal information should not be disclosed or notified).

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