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(영문) 대전지방법원 2018.11.01 2018고합344
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

On April 19, 2018, the Defendant committed an indecent act by force on the part of the victim D (12 years of age) who was a juvenile of the child and was seated next to the B B, which was operated by the Defendant in Daejeon-gu, Daejeon-gu, Daejeon-B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of stenographic records (D), two copies of a statement recorded CDs, and Acts and subordinate statutes for a criminal investigation report (victim's telephone call report);

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 same Act (The consideration of favorable circumstances among the grounds 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. An order of disclosure, notification, and restriction on employment of a child exempted from such order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the order of disclosure, notification, and restriction on employment of personal information) need to be prudented as it may have a significant impact on the defendant. However, the Defendant has no history of sex offense, and the instant crime is not for many unspecified victims, and the Defendant’s age, occupation, family environment, social relationship, etc. is not for many unspecified victims, and the same can be prevented even if the Defendant completed a sexual assault treatment program.

In full view of the facts that the defendant's personal information should not be disclosed to the public and there are special circumstances that should not issue an employment restriction order.

The reason for sentencing

1. The scope of punishment: Fines of 5,000,000 to 15,00,000; and

2. That the sentencing criteria are not applicable since the person selects a fine for the application of the sentencing criteria;

3. Determination of sentence: in this case fine of KRW 7,00,000.

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