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Reasons
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(영문) 수원지방법원 여주지원 2018.05.31 2017고합90
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 2017, the Defendant, at around 19:00, committed an indecent act by force against the victim, who is a child or juvenile, on the part of his/her employee, at “D cafeteria” in the Defendant’s operation of the Defendant located in Snju City, at around 19:00.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made by the police for E;

1. 112 Application of the 112 Reporting case handling table, on-site photographing statutes;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 effect of preventing re-offending can be achieved only with the fact that the accused has no record of criminal punishment for a sex offense, the registration of personal information of the accused, and the completion of a sexual assault treatment program, under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order of disclosure and notification;

If the defendant who has registered new information appears to be a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, is a person subject to registration of personal information, and such person shall submit personal information to the competent agency pursuant to Article 43 of the same Act, in consideration of the benefits expected by the disclosure order or notification order of this case and the prevention effect of sex crimes, disadvantages and anticipated side effects, etc.

Defendant

Judgment on the Defense Counsel's argument

1. The defendant's summary of the argument is in the oral manner.

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