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(영문) 서울중앙지방법원 2018.07.18 2018고합569
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

On April 1, 2018, the Defendant: (a) around 21:05, on the front side of “D cafeteria” located in Dongjak-gu Seoul Metropolitan Government, the Defendant reported the Victim E (the South, 16 years old), F (the South, 16 years old), G (the South, and 17 years old), and (b) reported the Victim E’s sexual organ of the Victim E in his hands, and (c) reported the Victim F, “I am kn't kn't kn't kn't kn't kn't kn't kn's sexual organ,” and “I am kn't kn't kn't kn't kn't kn't kn't kn't kn't k's sexual organ to the Victim G.

Accordingly, the defendant committed an indecent act against the victims of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, F and G;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 298 of the Criminal Act, which provides for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the aggravated concurrent crimes;

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

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

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

1. In full view of various circumstances, such as the Defendant’s age, family environment, social relative relationship, the process and consequence of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure disclosure order, the effect of preventing sexual crimes that may be achieved due to such disclosure order, and the effect of protecting the victims from sexual crimes, there are special circumstances in which the Defendant’s personal information may not be disclosed.

If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of new information, the defendant shall be punished for sexual crimes.

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