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(영문) 창원지방법원 2015.04.16 2015고합2
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 27, 2014, at around 07:30, the Defendant was forced to commit an indecent act against the victim by inducing the victim into two arms, from the village bus No. D7, which was in operation as a self-village bank, to the next edge of the victim E (n, 14 years old) who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of victim E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the selection of fines concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant, as a person with a developmental disability, is deemed to have difficulty in achieving the effect of preventing sexual crimes through the completion of a sexual assault treatment program, and thus, there is a special circumstance where ordering a program

1. In cases where a judgment of conviction becomes final on the facts constituting an offense on the registration of personal information, in full view of the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant’s age, occupation, family environment, social relative relationship, previous conviction, and risk of recidivism (no criminal records exist); (b) the victim’s intent not to punish the defendant; (c) the benefits and preventive effects expected from the disclosure or notification order; and (d) disadvantages and side effects therefrom; and (e) the defendant’s personal information shall not be disclosed or notified; and (e) the defendant shall be personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc.

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