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(영문) 광주지방법원 목포지원 2015.04.23 2015고합44
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

The Defendant, from November 2009 to April 2014, was in office as a vice president of the E Infant Care Center located in the Nanannam-gun, Nannam-gun, and was in charge of life guidance, etc. of infant care students, and the victim F (n, 14 years old) is the child of the above infant care center.

On July 8, 2012 from July 2012 to July 8, 2012, the Defendant contacted the victim with the above Infant Care Center’s counseling room, called “the victim may take part in the early call number,” and called “the victim will take part in the above counseling room,” and forced the victim to use “the victim to take part in one time,” and forced the victim to take part in the victim’s entrance, followed by the victim’s drafting, and led the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”) and Article 298 of the Criminal Act concerning criminal facts

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. Supplementary to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 21(2) of the Act on the Protection of Children

1. In full view of the Defendant’s age, occupation, family environment, social ties, previous convictions, and the risk of recidivism, which are recognized as recorded (no history of punishment for the same offense) of Article 38(1) proviso and Article 38-2(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse [the case where there is a special circumstance in which disclosure or notification of Defendant’s personal information shall not be made, and the case where the Defendant’s personal information shall not be disclosed or notified, in full view of various circumstances, such as the benefits and preventive effects expected by the disclosure or notification order of this case, and any disadvantages and side effects therefrom].

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