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(영문) 인천지방법원 2013.12.13 2013고합720
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a teacher in extracurricular classes in the victim C (nive, 13 years of age).

On April 22, 2013, at the public book room in Yeonsu-gu Incheon Metropolitan City, the defendant showed snow to the above victim, and the victim was under the influence of capital reduction and the inception of the victim.

Accordingly, the defendant committed an indecent act by force against a juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

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

1. Where the facts constituting a crime in the judgment of conviction against a person subject to registration of personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse are finalized, the Defendant is a person subject to registration of personal information under Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant is subject to registration of personal information under Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11572, Dec. 18,

As a fine is imposed on a defendant for reasons for not issuing an order to disclose information, the disclosure and notification of the registered personal information of the defendant shall not be ordered pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

Since the sentencing guideline was chosen as the reasons for sentencing, the crime of this case is not applicable, and the crime of this case is that the defendant, who is an instructor of a driving school, committed indecent act by force against the victim who is the student, and that he committed the above crime against the victim who is under the age of 13.

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