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(영문) 창원지방법원 2018.03.22 2017고합307
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant is the criminal of the I Taekwondo Institute in Changwon-si, Sungwon-si, and the victim J(J, 17 years of age) is the student of the above Taekwondo Institute.

On October 30, 2017, around 00:21, the Defendant forced the victim, who was under the influence of alcohol in front of the Sungwon-si K commercial building in Sungwon-si, Changwon-si, the Defendant forced the victim, who was under the influence of alcohol, to stop this, and in the future, she was spared by sparing the victim, sparing him into the upper and brue kn, and her breast into the upper and brue knish, and her breast was forced to kis against the victim within the elevator 204-dong, and her breast was her breast by inserting his hand into the clothes of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to J

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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 against Sexual Abuse;

1. There is a risk of recidivism or recidivism of a sex offense against a defendant since the defendant has no record of criminal punishment for the sex offense before, as a result, of exemption from an disclosure order or notification order under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse;

It is difficult to conclude that the registration of personal information on the defendant and the lecture attendance order can secure the effectiveness of preventing recidivism to a certain extent.

In addition, if the defendant's age, occupation, family environment, social ties, circumstances before and after the crime, etc. are considered, it is likely that the defendant will have a risk of repeating the crime even after he/she was punished as the case in question.

It is difficult to readily conclude.

While the need to impose security measures such as disclosure of personal information on the defendant is not significant, it is also disadvantageous to the defendant.

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