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(영문) 광주지방법원 해남지원 2017.04.19 2017고합2
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was in the third year of C High School, and the victim D (the age of 16) was in the first year of the same high school.

On August 22, 2016, the Defendant: (a) around 19:20, the second floor of the C High School E located in Jindo-gun, Jindo-gun, the Defendant forced the victim to take the victim’s grandchildren, and forced the victim to take CCTV, with the stairs in which CCTV was not taken; (b) the victim kids at the place; and (c) the victim kids the victim’s chest by taking the hand inside the victim’s upper part.

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. Statement made by the prosecution with regard to D;

1. A written statement;

1. Application of CCTV image, field photograph (Evidence No. 17 of the evidence list), and CCTV video-related Acts and subordinate statutes to the screen by cutting the CCTV course;

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 crime;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)6 of the Criminal Act (the defendant is a juvenile who is deemed to be in a reasonable manner in light of his/her characteristics)

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 and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of the registered information may have a significant impact on the defendant, and thus, the disclosure and notification order of the registered information should be carefully

However, in the case of this case, there is a habit of sexual crime against the defendant, such as that the defendant was planned to commit the crime, or that the defendant has continuously committed such crime against many and unspecified persons.

It is difficult to conclude that the defendant has no criminal record of the same kind, and by ordering the defendant to complete a sexual assault treatment program.

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