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(영문) 인천지방법원 부천지원 2014.08.11 2014고합117
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 May 12, 2014, at around 20:50, the Defendant committed an indecent act by force against the victim D (Influent, 14 years of age) who was returned to the 1st floor of the Yacheon-gu, Yacheon-gu, Yacheon-gu, Malla, and 14 years of age, on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph (Nos. 4, 6, and 8 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (No. 1, 3, 5, 7)

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

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

1. The reason for sentencing in full view of all the circumstances, such as the defendant's age, the degree of danger of recidivism and recidivism, the circumstances and process of the crime in this case, the benefits and effects expected by the disclosure order and notification order of this case, the benefits expected by the disclosure order of this case and the effect of prevention, disadvantages and side effects, etc., the defendant's personal information disclosure and notification of this case should not be disclosed or notified, considering the following: (a) the defendant's personal information disclosure of this case is hard to conclude that the defendant committed the crime in this case without a simple impulse, and there is no record of punishment for sexual crimes; and (b) it is difficult to conclude that there is a risk of recidivism and recidivism; and (c) the completion of a sexual violence treatment program alone is likely to have an effect to prevent recidivism of the defendant; and (d) the defendant's personal information disclosure and notification of this case.

1. The applicable sentencing range: The sentencing criteria are as follows: fine of KRW 5 million to KRW 15 million.

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