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(영문) 수원지방법원 안양지원 2018.11.30 2018고합152
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

피고인은 2018. 9. 12. 16:10 경 안양시 만안구 C 앞 도로에서, 버스에서 하차하여 골목으로 걸어가던 피해자 D( 여, 17세, 가명) 을 뒤따라가 손으로 피해자의 엉덩이를 1회 툭 치고 도주하였다.

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 in the police statement protocol with respect to D;

1. The application of the respective Acts and subordinate statutes to the report of internal investigation (a CCTV image in the face of an indecent act), the report of internal investigation (a bus specified by the victim and the suspected person on board), the report of investigation (a confirmation of the video of the Ebbbox) and video records;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following favorable circumstances):

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is anticipated that the effect of preventing re-offending can be expected to a certain extent even if the person has completed the registration of personal information and the treatment program for sexual assault only, in such cases, of Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose information

I seem to appear.

In addition, in full view of various circumstances, such as the defendant's age, family environment, the background of the crime in this case, the expected side effects of the defendant's disadvantage and expected side effects, profits expected therefrom, and effects of the prevention of sexual crimes, there are special circumstances in which the defendant's personal information shall not be disclosed or notified.

[Determination]

1. Article 56(1) main text and Article 56(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (amended by Act No. 1542, Mar. 13, 2018) of the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452,

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