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(영문) 수원지방법원 2017.05.25 2017고합230
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

1. On February 19, 2017, around 18:10 on February 19, 2017, the Defendant, at the D 1st E shop located in Osan-si, Osan-si, set up the shoulder of the victim F (F, 12 years of age, Ga) who was seated in his/her table, with his/her own arms, at the lower end of the victim F (F, 12 years of age, Ga name).

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On April 13, 2017, the Defendant committed the crime on April 13, 2017, around 08:30, around the H elementary school located in Osan-si, 08:30, on the road in front of the H elementary school located in Osan-si, and on the road in front of the victim I (n, 17 years of age) in front of the school, the victim I (n, she was 17 years of age) was "contincing well," and the victim J (n, she, she was 17 years of age) was sent back to 3:4 times by the victim's own hand, and the victim J (n, she was her her her son, and the victim J (n,

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to the F;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the largest victim F];

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. It is difficult to expect the effect of completing sexual assault treatment programs because the defendant has a mental and magnetic disorder, lack of caution, etc. to the extent that he/she attains 10 years of age, etc. under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

As such, there is a special reason for not being able to impose an order to complete program.

[Determination]

1. The Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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