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(영문) 광주지방법원 목포지원 2020.02.13 2019고합121
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 10, 2019, the Defendant: (a) accessed the Victim D (A) who was seated in the B apartment Cdong at a wooden Bapo-si B apartment on October 2019; (b) provided that “The Defendant was forced to commit an indecent act by force against a child or juvenile, such as: (c) the Defendant refused and left the victim’s left hand on a day; (d) the victim was able to do so; and (e) the victim was able to do so; and (e) the victim’s hand knife and knife the victim’s hand; (e) the victim’s hand knife and knife the victim’s left part; and (e) rhiffing the victim’s left part of the buckbbbbuck; and (e) rout the left part of the buck.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field CCTV-related Acts and subordinate statutes;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1)

Comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, previous convictions (no criminal record) and the risk of recidivism, and the effectiveness of preventing sex crimes expected by the disclosure or notification order, and the disadvantages and anticipated side effects of the Defendant resulting therefrom, personal information may not be disclosed and notified pursuant to 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.

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