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(영문) 인천지방법원 부천지원 2015.07.17 2014고합41
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 20:20 on November 11, 2013, the Defendant: (a) reported that the victim E (here, 18 years of age) who is a juvenile was working in the calculation unit in the Dama” located in the Yacheon-gu, Sincheon-si; and (b) committed an indecent act by force against the victim by putting the victim’s chest into his/her hand four times with his/her her son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who were exempted from the disclosure order and notification order (in full view of the following: the Defendant’s age and occupation, the type and motive of the crime, the process and consequence of the crime, whether or not the same kind of power exists, the risk of repeating the crime; the degree of disadvantage and anticipated side effects of the Defendant due to the disclosure order and notification order; and the result of comparison and balancing between expected effects of sexual crimes subject to registration and expected profits, it is deemed that there are special circumstances that may not disclose or notify the Defendant’s personal information);

1. Where a conviction becomes final and conclusive on the grounds of the facts stated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

The reason for sentencing is that the defendant's sexual intercourses the victim who is a juvenile during the period of suspension of execution.

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