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(영문) 서울중앙지방법원 2018.02.09 2017고합1278
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 29, 2017, around 20:40 on June 29, 2017, the Defendant: (a) deemed the beer and the beer who was sitting in the table to the victim E (at the age of 16) (hereinafter referred to as “math ...”; (b) held the beer and the beer at a multi-level convenience store; and (c) held the beer in the table, and (d) held the beer and tobacco at the time of the high school.

“In doing so, the victim was able to write his hand on the buckbucks of the victim, and the victim was able to write his hand on the buckbucks of the victim and raise his hand on the buckbbbbb.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Application of the Act and subordinate statutes of CDs to the 112 Report Processing List, the photograph of the suspect taken by the victim himself/herself, the CCTV-TV images febling and extracting them;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. A child exempted from an order of disclosure and notification may have the effect of preventing re-offending even if he/she has completed the registration of personal information of the accused and the sexual assault treatment program, in light of the age, environment, criminal record, risk of re-offending, family environment, social relationship, etc. of the accused, which are recognized as recorded, and the like, of the accused;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

If a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information, the defendant is in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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