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(영문) 대전지방법원 2016.10.13 2016고합271
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 15:00 on May 20, 2016, the Defendant came to know of the victim D (n, 13 years of age) that was first made a conversation in the vicinity of the Defendant’s residence in Daejeon-gu Daejeon-gu, Daejeon-gu, and went to the said residence, and later, the Defendant called “if milch tank is likely to raise, a male grandchild shall go to him, and the chest shall be delivered to him,” and the horses would be “the victim must go to the soon,” and the victim would have been able to stop with both arms in the future of the victim.

As a result, the defendant committed indecent acts against the child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police against D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 criminal facts;

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

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is aged and shows memory and recognition ability due to dementia diseases, and it seems that the defendant cannot expect the effect of preventing recidivism through the completion of sexual assault treatment courses, it is deemed that there are special circumstances where the order to complete education cannot be imposed).

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The crime of this case on the grounds of sentencing under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse committed an indecent act by inducing the victim, who is a juvenile of 13 years of age, to his house, sexual harassment, and committing an indecent act by using the victim’s hump by forceing the victim’s defect by leaving, and thereby, the victim’s mental shock and apprehensions, etc. were received.

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