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(영문) 서울중앙지방법원 2018.04.26 2017고합1168
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

On August 5, 2017, around 13:20 on August 5, 2017, at “D convenience store” located in the first floor of Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government C building, the Defendant: (a) placed beer 2 cans, as calculated, to the victim E (V) who was working in the same place, and asked the victim E (V) (V) who was working in the same place, to speak “25 years of age”; (b) but (c) there was a defect that is not the victim.

“The victim is a high school student”.

“In the face of the victim, the victim’s left hand with the Defendant’s left hand was forced to commit an indecent act by force on the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. E written statements (victims);

1. Application of CCTV Acts and subordinate statutes to crime scene;

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 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. It is anticipated that the effect of preventing re-offending can be expected to a certain extent through the registration of personal information of the accused and the completion of sexual assault treatment programs, as well as the fact that a child exempted from an order of disclosure and notification may not have a criminal record for the accused, the degree of conduct of the accused is relatively minor, as well as through the registration of personal information of the accused and the completion of sexual assault treatment programs;

There is a criminal offense against the defendant, unlike in the case of a sexual crime.

If there is no evidence to determine the identity of the accused, and considering all the circumstances, such as the benefits expected by the disclosure order or notification order of this case and the effects of preventing sex crimes, and the disadvantages and expected side effects, there is a special circumstance in which the disclosure of the personal information of the accused may not be disclosed.

If a conviction becomes final and conclusive on the criminal facts stated in the decision on the registration of personal information, the defendant is punished for sexual crimes.

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