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(영문) 인천지방법원 부천지원 2013.05.10 2013고합35
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 10, 2012, at around 20:25, the Defendant committed an indecent act by force against the victim by drinking the victim F (the 16-year old age) in front of the E-cafeteria entrance in Kimpo-si D, and by using the victim’s left hand, in the direction behind the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Articles 70 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 main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of the grounds for sentencing of a fine of KRW 2.5 million or KRW 10 million or KRW 10 million is relatively minor, the degree of the exercise of the tangible force inflicted on the victim is relatively minor, the victim has no previous conviction, the victim does not want the punishment of the defendant by mutual consent with the victim, and the sentencing factors as indicated in the argument of this case are considered in light of the following: (a) The scope of the grounds for sentencing under the proviso of Article 38(1) and the proviso of Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the degree of the exercise of force inflicted on the victim.

Where a conviction is finalized for the crime of this case, the defendant who is registered with personal information is a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act

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