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(영문) 수원지방법원 안양지원 2015.06.10 2015고합40
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

On November 2012, the Defendant committed an indecent act against a child or juvenile by forcing the victim B (here, 17 years of age) who was waiting for a bus at the bus stop located in the KT telephone station located in 974, KTtel-dong, Chungcheongnam-dong, 07:30, by drinking the victim B (here, 17 years of age) who was waiting for a bus at the bus stop in front of the bus stop, and by viewing the part back of the bus stopma in which the victim was suffering from his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements made to victims B;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. In the instant case where only the Defendant requested a formal trial with regard to a summary order of KRW 5 million exempted from the order to complete a program, the concurrent imposition of a new order to complete a program in addition to the fine in question is an unfavorable alteration to the Defendant when considering the overall and substantial aspect (see, e.g., Supreme Court Decision 2012Do8736, Sept. 27, 2012). Therefore, the Defendant is not subject to a separate

1. Grounds for sentencing under Articles 1 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); 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 (amended by Act No. 11572, Sept. 15, 201);

1. The scope of applicable sentences: Fines of five million won to twenty million won;

2. Application of the sentencing criteria: The sentencing criteria shall not apply since they have been selected by a fine;

3. The crime of this case by which the sentence of sentence was rendered by force, is not sufficient to regard the nature of the crime as an indecent act by force against a juvenile who had been sexually disturbed.

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