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(영문) 수원지방법원 2014.12.23 2014고합487
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is deaf-mutes.

On July 5, 2014, at around 17:00, the Defendant discovered the victim C(14 years of age) and the victim D(14 years of age) waiting for the pedestrian signal on the crosswalk in front of the crosswalk 270, according to the light number in Suwon-si, Suwon-si, the Defendant committed an indecent act against the victims by forcing the victims by making the victim's sexual organ only once by hand.

Summary of Evidence

1. Each police statement to C, D, and E;

1. Application of Acts and subordinate statutes to investigation reports (112 reports on confirmation of reported details);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which provide relevant legal provisions and select punishment for the crimes;

1. Statutory mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Penalty fine of 2,500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (in the event that a conviction of a sexual crime subject to registration of personal information is finalized as to the crime of this case, which is a sexual crime subject to registration of personal information, as a deaf-mute, the person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

As to the disclosure order and notification order, there is a tendency to commit sexual assault crimes against the defendant just because the circumstances and records of the crime of this case are shown.

The fact that it is difficult to readily conclude that there is a risk of recommitting sexual assault crimes and other benefits expected by the disclosure order or notification order of this case.

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