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(영문) 수원지방법원 여주지원 2017.12.14 2017고합95
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

Punishment of the crime

The Defendant is a person who was working in D, which is a juvenile cultural space located in Gyeonggi-gun C from March 10, 2017 to July 31, 2017.

1. On July 3, 2017, around July 3, 2017, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by making the victim’s knee, knee, knee, knee, knee, knee, etc., on the second floor of the “D” as above, and in his/her official book, knee, on a book.

2. On July 29, 2017, the Defendant committed a crime on the second floor of “D” around July 2017, 2017, and committed an indecent act by force against a child or juvenile victim E (hereinafter “D”) on the second floor of “D”. On the part of his/her hand, the Defendant carried out a shoulder and arms against the said victim E (the said victim’s name, leisure, 13 years old), and carried out a shoulder and arms by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Each written statement of the F and E;

1. Application of the Acts and subordinate statutes in Chapter II of CCTV images and CCTV CDs by cutting down CCTV images;

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 prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on or around July 3, 2017, heavier punishment for concurrent crimes];

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The effect of preventing re-offending can be achieved only with the fact that the accused has no record of criminal punishment for a sex offense, the registration of personal information of the accused, and the completion of a sexual assault treatment program, under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order of disclosure and notification;

In addition, the disclosure order or notification order of this case can be seen as an order.

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