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(영문) 대전지방법원 논산지원 2016.01.20 2015고합38
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

On July 12, 2015, the Defendant: (a) completed the use of this computer at the 1st place in the Damba-si, Damba-si, Damba-si, Damba-si, Damba-si, C, and (b) committed an indecent act by force against a juvenile, by using the victim E (V, 16 years of age) and by using the computer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from an order to disclose or notify personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for sex crimes before committing the instant crime, and the Defendant has a risk of repeating the instant crime

It is insufficient to conclude that there is insufficient material.

In addition, in full view of the circumstances and result of the instant crime, the effect of preventing sexual crimes expected to be disclosed or notified after the instant crime, and the result of comparison and balancing between the disadvantages and expected side effects of the Defendant, there are special circumstances that may not disclose or notify the personal information of the Defendant.

3) Determination on the argument of the defendant and his defense counsel

1. At the time of the instant crime, the Defendant was in a physical and mental weak state by adding to the proof of alcohol that he suffered from ordinary breathea while being drunk at the time of the instant crime.

2. According to the evidence duly adopted and examined by the court of this case, the defendant drank alcohol at the time of the crime of this case, and the defendant drank from around 2007 to around the time of the crime of this case.

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