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(영문) 의정부지방법원 2017.05.17 2017고합87
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 23, 2016, the Defendant: (a) taken the elevator from the first floor of the C Building in Namyang-si around 00:10 on December 23, 2016, following the victim D (at the age of 18, the victim D) to leave the elevator, and (b) taken the faces with the victim in the elevator, and (c) taken three times the victim’s her face in close vicinity to the face of the victim.

Accordingly, the defendant committed indecent act against the juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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. The proviso to Article 49(1) and the proviso to 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 the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, only with the registration of personal information on the defendant and participation in sexual assault treatment programs, that can prevent recidivism.

In full view of other circumstances such as the defendant's age, motive and method of crime, defendant's character and conduct environment, degree of disadvantage suffered by the defendant due to the defendant's order of disclosure, anticipated side effects, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The Supreme Court Decision (see Supreme Court Decision 2011Do16863, Feb. 23, 2012, etc.). If a conviction becomes final and conclusive with respect to a crime in which personal information is registered, the defendant is personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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