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(영문) 대구지방법원 서부지원 2014.01.23 2013고합216
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 3, 2013, at around 21:25, the Defendant discovered the victim E (the age of 13) who was a juvenile in front of the D convenience store located in the Seogu Daegu-gu Office C, and, after having discovered the victim E (the age of 13), caused the victim to sit on the Defendant’s side, and caused the victim to sit on the Defendant’s her seat, and made the victim use the victim’s neck and rhyd with his hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. One CD of the victim's video recording and a transcript;

1. Application of Acts and subordinate statutes on voluntary reports on performance and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 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 main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. According to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sexual crime before the instant case, and the completion of a sexual assault treatment program alone appears to have an effect to prevent recidivism by the Defendant. In light of all the circumstances, such as the degree of indecent act in the instant case, Defendant’s age, family environment, and social ties, it is deemed that there are special circumstances under which the disclosure or notification of personal information should not be disclosed or notified, the crime in the instant case is deemed to have been committed by indecent act by force against the juvenile at the time when the Defendant forms sexual identity and values, and it appears that the sexual humiliation of the victim suffered by the instant case, and the victim wants to punish the Defendant.

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