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(영문) 제주지방법원 2019.09.26 2019고합85
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 foreigner of Indonesia nationality.

Around 16:00 on September 26, 2018, the Defendant committed an indecent act against a child or juvenile by forcing the victim to commit an indecent act in a manner that the victim F (a name, fring, 14 years old)’s hand, which is seated adjacent to the Defendant’s right side of the bus No. 16:00, in a manner that the Defendant’s hand of the Defendant, who is a child or juvenile, comes into contact with the victim’s her her her her her her her her her her her her her her her her

Summary of Evidence

1. Partial statement of the defendant;

1. stenographic records of the victim's statement or video CDs recorded by the victim;

1. A written statement of the F;

1. Relevant photographs;

1. A investigation report (Attachment toCCTV images, etc.), CCTV caps, and CCTV CDs;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Articles 70 (1) and 69 (2) of the Criminal Act to attract 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 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, which is difficult to readily conclude that the Defendant had no record of being punished for sexual assault crimes in the past, and thus, the Defendant’s registration of personal information against the Defendant, orders to complete a program, and employment restrictions order alone appears to have an effect of preventing recidivism to a certain extent; the Defendant’s age, the type, motive, process, seriousness of the instant crime; the degree of the offense committed; the degree of disadvantage the Defendant entered by the disclosure and notification order; and the prevention effect of sexual assault crimes subject to registration that may be achieved therefrom.

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