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(영문) 의정부지방법원 고양지원 2016.07.22 2015고합262
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 13, 2015, around 12:50, the Defendant committed an indecent act against the victim E (hereinafter referred to as “D convenience store”) who was drinking if in front of the “D convenience store” located in Gyeyang-gu, Gyeyang-gu, Seoul. The Defendant used the victim’s hand, and used the victim’s hand, and continued to use the victim’s hand, and committed an indecent act against the victim, who is a child or juvenile, by force by snick beaming the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of CCTV analysis photographs statutes to D convenience stores;

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. The effect of preventing recidivism by the accused can be achieved on the sole basis of the fact that the degree of indecent conduct in the instant crime is not excessive, the registration of personal information of the accused, and the completion of sexual assault treatment programs, of a child exempted from disclosure order or notification order, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses against Juveniles;

Comprehensively taking account of various circumstances such as the appearance of the defendant, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

The reason for sentencing

1. Scope of applicable sentences under law: Fines of 10 million won to 30 million won;

2. Scope of recommended sentences based on the sentencing criteria: The sentencing criteria shall not apply since they have been selected by a fine.

3. Determination of sentence: The crime of this case committed by a defendant with a fine of 15 million won is not punishable by committing an indecent act against a victim by means, such as taking the hand of the victim who is a juvenile, taking and rhing his/her arms, taking the hand of the victim who is a juvenile, holding the victim's face, holding the victim's hand on his/her face, and holding the victim's hand on hand.

The crime of this case is a child juvenile.

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