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(영문) 수원지방법원 2018.08.09 2018고합193
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant around March 2018, around 08:30 around 08:30, and around 08:0 around 10, 2018, Da, on the front left of the bus F (the age of 13) of the victim F (the age of 13), boarded the Defendant’s hand on the part of the victim’s school uniforms, and used the part of the victim’s bucks over several occasions.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim as above.

2. On April 3, 2018, the Defendant, at the same place as above No. 1, around 08:30 on April 3, 2018, was on board the shuttle side of the Victim F (F, 13 years old), seated in the rear seat of the bus, and dump bucks of the victim by the Defendant’s hand, and dump bucks over several occasions.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the CCTV closure screen and investigation report (to review and report the details ofCCTV images);

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 the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. In full view of the Defendant’s age, family environment, social ties, the risk of recidivism, previous convictions, and the benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. Protection of children and juveniles against whom an employment restriction order is issued;

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