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(영문) 의정부지방법원 2018.10.05 2018고합262
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the team leader of the C gas station in both weeks B, and the victim D(16) is the arba worker of the above gas station.

On August 2, 2018, around 16:00, the Defendant committed an indecent act against the victim, who is a child, by using the victim’s sexual organ one time in his/her hand, after having the victim left the office in the above gas station in the future, giving him/her an “shacker” attitude, and making him/her use of the victim’s sexual organ one time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (excluding the part concerning dismissal of evidence);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of CCTV images for committing a crime);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the same Act (The consideration of favorable circumstances among the grounds for sentencing);

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

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification orders (the crime of this case alone) (the crime of this case alone leads to the risk of recidivism or recidivism of sexual assault against the accused;

It is difficult to see it.

In the future, the recidivism crime of sexual assault by the defendant can be effective to some extent only with the sentence of fine against the defendant, the order to complete sexual assault treatment programs, the order of employment restriction, and the registration of personal information.

I seem to appear.

If so, there is a special reason that the defendant should not disclose or notify personal information.

Therefore, it is judged that the defendant's assertion of the defendant and his defense counsel is exempted from disclosure and notification order.

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