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(영문) 대구지방법원 포항지원 2016.12.22 2016고합87
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:45 on June 11, 2016, the Defendant committed an indecent act on the part of the victim F (the 16th age), who was a child or juvenile, sitting together with his her her her friend with his her her friend at the port, with the “as soon as possible at home”, and the Defendant committed an indecent act on the part of the victim by using the hand floor from the back to the lower end of the back to the lower end.

Summary of Evidence

1. Each legal statement of witness F and G [the victim F has consistently stated the core matters concerning the victim's indecent conduct from the defendant against his/her investigative agency to this court, in light of the content and attitude of the victim's statement, there is no reason to suspect the credibility of the victim's statement in light of the contents and attitude of the witness's statement, and the witness's statement of witness G may be sufficiently recognized in compliance with the witness's statement that the defendant committed an indecent act against the victim];

1. On-site reports (CCTV);

1. Application of the Acts and subordinate statutes governing CCTV images;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing in this case is that the registration of personal information and order to complete a program can have the effect of preventing recidivism of the defendant, taking into account all the circumstances such as the defendant's age, family environment, social ties, the degree of risk of recidivism, previous convictions, and the benefits and preventive effects expected due to the order to disclose or notify the information of this case, the disadvantages and side effects of the order, etc., which are acknowledged as recorded in the record, and the reason for sentencing in this case is that the registration of personal information of this case and order to complete a program can be seen as having the effect of preventing recidivism of the defendant. Thus, there are special circumstances where the disclosure or notification of the defendant'

1. The scope of applicable sentences under law: fine of five million won to one.

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