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(영문) 부산지방법원 2020.03.20 2019고합563
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant and the victim B (the name, the age of 17) are not known.

Around 08:30 on August 27, 2019, the Defendant committed an indecent act against the victim, who is a child or juvenile, by using a congested gap in the bus at C Village bus which passed ahead of the Busan Sabababababbabba, and by force, the victim’s her son and her son, who was a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to recorded statements such as DVD and stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 21 (2) 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 Children and Juveniles against Sexual Abuse (the former Act on the Protection of Children and Juveniles against Sexual Abuse has no record of punishment for a sex crime and a sex crime before, and thus, it is difficult to readily conclude that the defendant has a risk of recidivism or recidivism; the registration of personal information of the defendant against the defendant and taking courses for the treatment of sexual assault can be seen to have the effect of preventing recidivism; the defendant's age, occupation, family, family environment and social relationship; the details and motive of the crime of this case; the method and consequence of the crime of this case; the degree and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order; the prevention of a sex crime subject to registration; and the effect of protecting victims, etc. shall be comprehensively considered and notified to the defendant).

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Fines of 5 million won to 1.1.

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