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(영문) 춘천지방법원 영월지원 2020.02.13 2019고합30
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a male-child relationship C with the victim B (the family name, the female, and the age of 15) who is a male-child relationship with the victim on the date of occurrence of the case.

On February 4, 2019, between 06:00 and 10:00, the Defendant committed an indecent act by putting the victim on the victim’s bed from the victim’s bed, with an opportunity to commit an indecent act on the victim’s bed against the victim’s bed, with a view to committing an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Application of Acts and subordinate statutes, such as on-site photographs, etc.;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 fact that the defendant has no record of punishment for a sexual crime, the crime in this case is not against an unspecified victim, the registration of personal information of the defendant, the completion of sexual violence treatment programs, the employment restriction order alone seems to have an effect to prevent recidivism, and there are other special circumstances in which disclosure or notification order may not be disclosed or notified of the personal information of the defendant in full view of all the circumstances, such as the disadvantage and anticipated side effects that the defendant may sustain due to the disclosure or notification order, the age, character and conduct, and the environment of the defendant);

1. The Defendant’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act at the time of the instant case.

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