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(영문) 광주지방법원 2017.12.15 2017고합457
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 7, 2017, at around 19:45, the Defendant: (a) discovered that the Defendant was boarding with the victim E (a person, 16 years old), the victim F (a person, 15 years old), and the victim E (a person, 15 years old) who appears to open and live in the elevator 105 unit of the D apartment house in Gwangju North-gu, Gwangju, and the elevator door, and continued to use the victim E’s right-hand bucks in the same way as the victim’s own hand, and continued to use the victim E’s right-hand bucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Photographs photographs of victims;

1. 112 Reporting case handling table;

1. The screen of a CCTV-cape;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Aggravation of concurrent crimes as provided for 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 against heavy F];

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

1. The main sentence of 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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for any sexual crime before committing the instant crime; the Defendant, in the case of the Defendant, can expect the effect of preventing recidivism to a certain extent even if he/she has completed a program for registering personal information and treating sexual assault;

There is a criminal offense against the defendant, unlike in the case of a sexual crime.

There is no evidence to determine the person, and other benefits expected by the disclosure order or notification order of this case, and the prevention effect of sexual crimes, the disadvantage and expected side effects resulting therefrom, etc.

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