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(영문) 춘천지방법원 속초지원 2015.06.11 2015고합11
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

Around 19:00 on December 7, 2014, the Defendant, at the front of the viewing in front of the inner Dong-dong, was her part of the victim C (here, 14 years of age) who had been living there.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the police written statement of C and D;

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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Where a conviction of a sexual crime subject to registration becomes final and conclusive on the grounds that the accused is a person subject to registration of personal information under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from the Disclosure Order and Notification Order, 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 [In full view of the Defendant’s age, family environment, social ties, criminal records, the risk of recidivism, and other various circumstances, such as benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects arising therefrom, it is deemed that there are special circumstances that the disclosure or notification of the accused’s personal information shall not be disclosed or notified], and the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

1. The scope of applicable sentences: Fines of five million won to fifteen million won;

2. Scope of Recommendation: The sentencing criteria shall not apply as the fine has been selected.

3. Determination of sentence: A fine of five million won; and

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