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(영문) 제주지방법원 2016.10.06 2016고합80
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 22:20 on May 13, 2016, the Defendant was boarding the D bus at the C Apartment bus bus stops at Jeju-si, Jeju-si, and was sitting back to the side of the victim E (the age of 18) who is a juvenile, and then, the Defendant called “the same drinking aler, al, and al.e., al.bbbbbs part of the victim’s bucks with the victim’s hand.”

Therefore, when the victim is called the defendant's hand, the victim was landed from the F apartment bus stop, the defendant was forced to commit an indecent act against the child or juvenile, such as the victim's hand, kiscing the victim's hand, kiscing the victim's hand, and kiscing the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Victim statement video CDs and stenographic records;

1. Investigation report (Attachment of photographs by cutting down CCTV-related images on a bus), investigation report (related to the attachment of pages that the injured party gets out of the bus), investigation report (verification of CCTV in a bus), and accompanying data;

1. Investigation report (verification at the time of the other party to the bus engineer G);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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) 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. It is difficult to readily conclude that the Defendant, except the instant crime, has no record of punishment for sexual assault, and thus, has a risk of recidivism or recidivism of sexual assault, solely on the ground that he/she had completed personal information registration and sexual assault treatment programs.

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