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(영문) 서울동부지방법원 2018.04.13 2018고합34
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 27, 2016, the Defendant was engaged in volunteer activities at ordinary OO childcare center around the morning, and was willing to commit an indecent act by inducing the victimized person to gather and commit an indecent act while playing in Yeonsu-gu Incheon, Yeonsu-gu D by telephone for the victim C ( South Korea, 15 years old) who was aware of the childcare center’s life.

At around 18:00 on August 27, 2016, the Defendant: (a) placed in the guest room located in Yeonsu-gu Incheon Metropolitan City F, “A hotel G” with the right to open the victim to “to open a photograph from npt North Korea from the bed; and (b) opened the victim’s sexual organ by exposing his hand toward the part of the victim; (c) kid the victim’s sexual organ; (d) the victim resisted against the victim; and (e) “a defect”; (e) the victim refused it; and (e) forced the victim’s will and panty in the bed from the bed; and (e) the victim’s sexual organ was changed by hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 the relevant criminal facts;

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 disclosure of personal information shall not be disclosed in full view of the following factors: (a) the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social relationship with the Defendant without the same criminal history; (b) the content and result of the instant crime; (c) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure notification order; (d) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; and (e) the protection effect of the victim.

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