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(영문) 부산지방법원 서부지원 2019.01.24 2018고합270
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

On October 26, 2017, around 15:30 on October 26, 2017, the Defendant reported the victim D (hereinafter, 18 years of age) who sited in the event of a public toilet front of the public toilet located in the urban railroad CK in Busan Northern Zone B (hereinafter “Dohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (as to attaching a list of 112 reported cases).

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 criminal facts;

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

1. An order to disclose or notify the personal information of the accused, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family relation, criminal punishment, power, an order to disclose or notify the accused’s identity, the degree of disadvantage and anticipated side effects of the accused’s entry, and the prevention effect of sexual crimes subject to registration that may be achieved due to such order, etc., it is deemed that there are special circumstances where the accused

1. Where a conviction against the defendant is finalized on the criminal facts that constitute a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the provisional payment order shall be registered.

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