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(영문) 수원지방법원 2014.03.18 2013고합636
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 June 26, 2013, around 17:30, the Defendant committed an indecent act by force against the victim, who is a juvenile, on two occasions following the victim F(n, 16 years of age), who was taking a bus knife in the bus in front of D High School C, which was in operation of D High School C, at Suwon-si, and later committed an indecent act by force against the victim, by his hand.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of the victim F;

1. Application of Acts and subordinate statutes to a investigation report (CCTV analysis investigation, etc.) prepared by the assistant judicial police officer;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the defendant was her mared with the high school student in the bus which is a means of public transportation, and the victim who is still 16 years of age seems to have received a considerable mental shock due to the crime of this case, and the defendant again committed the crime of this case, even though he was sentenced to a fine due to an indecent act committed by a woman's mared in the subway train in 2010, even though he was sentenced to a punishment due to an indecent act committed in the subway train, the quality of such crime cannot be deemed to

However, the punishment like the order shall be determined by taking into consideration the circumstances favorable to the defendant, such as the fact that the defendant consistently committed the crime from the investigative agency, and his mistake is divided, and the injured party also agrees with the defendant and has not been punished.

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 pursuant to Article 43 of the same Act.

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