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(영문) 광주지방법원 해남지원 2019.02.20 2018고합38
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 11, 2018, at around 00:30, the Defendant committed an indecent act by force against a child or juvenile victim, in front of the C Center located in the Southernnam-gun B, and following the victim D (Inn, 16 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (in the form of a suspect subsequent to a victim, etc.), a report on investigation ( CCTVs in the criminal scene), photographs (Evidence Nos. 17), an investigation report (verification of a suspect's uniforms), one copy of photograph of seized articles (Evidence Nos. 32);

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 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. 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's age, character and conduct, family environment, social relationship, criminal record and risk of recidivism, contents and motive of the crime in this case, method and result of the crime in this case, other benefits and preventive effects expected by an disclosure order or notification order, and the degree of disadvantage and anticipated side effects of the defendant's entry, etc. shall be determined to be prohibited from disclosing and notifying the defendant's personal information in comprehensive consideration of the following factors:

1. Details and result of the crime in this case under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the circumstances before and after the crime, the age, occupation and environment of the accused, the degree of disadvantage and anticipated side effects of the accused due to the employment restriction order, the effects of the sexual crime that can be achieved due to such order, and the prevention of sexual crimes.

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