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(영문) 창원지방법원 2013.04.25 2012고합575
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:20 on November 16, 2012, the Defendant discovered the victim D (n, 15 years of age) who is smoking tobacco in the vicinity of the Changwon-si, Changwon apartment 104, and reported the fact that the victim smokes tobacco to the police and made it known to the parents, and caused the Defendant to force the victim by force. On the other hand, the Defendant frighted the victim's head, left the victim's head, frighted the victim's growth with his/her hair, frighted the victim's hair by hand, taken the breast by hand to force the victim's child and juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the prosecution examination protocol to the accused;

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 the crime;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Where a conviction against the instant criminal facts is finalized, the Defendant is subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.

Since the defendant is sentenced to a fine for exemption from disclosure and notification order, the disclosure and notification order shall be exempted pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. Although it falls under a crime subject to the application of the sentencing criteria, the sentencing criteria shall not apply by decision of a fine;

2. Scope of applicable sentences under law: Fines of five million won to twenty million won.

3. Determination of sentence: The Defendant, who was sentenced to a fine of eight million won or more by robbery, was sentenced to a fine of three years and six months; on November 21, 2010, committed the instant crime during the period of repeated crimes after the execution of the said sentence was completed; the instant crime was committed by indecent act against the victim, which is a juvenile, and the quality of the crime was poor; and the victim was the victim.

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