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(영문) 광주지방법원 목포지원 2013.10.17 2013고합81
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

At around 19:40 on July 28, 2013, the Defendant: (a) in the “DMa” operated by the Defendant in Sinpo City C; (b) in the cooling house, the Defendant saw the victim E (Nam, 15 years of age) running the ice cream to force indecent acts by force; and (c) brought the victim’s cream by hand on one hand with the victim’s own hand; (d) began with the passage of the victim’s clothes, and down to the victim’s sexual organ, and down up to the victim’s sexual organ.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., the first offender who has no record of criminal punishment; the first offender who has agreed to do so smoothly with the victim; and the fact that his/her mistake has been pened and reflected in depth);

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

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

1. Where a conviction becomes final and conclusive with respect to the crime of this case, which is a sex offense against a child or juvenile, a defendant who has completed a program is 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The issue of whether to disclose or notify registered information constitutes “any other special circumstance that may not disclose or disclose personal information” as one of the grounds for exception to disclosure or notification orders under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined by the following: the Defendant’s age, occupation, risk of recidivism, etc.; the characteristic of the offender, such as the type, motive, process, consequence, and gravity of the relevant crime.

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