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(영문) 제주지방법원 2015.04.02 2014고합245
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On November 3, 2014, at around 13:44, the Defendant was on board the bus No. 310, around the Jeju Commercial High School near the Jeju High School, with a passenger of the victim D (Inn, 17 years old). The Defendant forced the victim to commit an indecent act as a child or juvenile by forcing the victim to use the bucks by putting the bucks down below the victim's buckbucks where the bucks of the bucks are seated. Even though the bucks were rejected by the victim's refusal such as avoiding the bridge, the Defendant neglected it and forced the victim to commit an indecent act as a child or juvenile by forcing the victim's bucks and bucks over several occasions over the bus stops near the Taecheon High School near the Seocho High School in Chocheon-gu, Seocheon-gu, Seoul High School.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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. The disclosure or notification of the personal information of the accused may not be made in full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no criminal records exist; and (c) the victim’s intent not to punish the accused; (d) the benefits and effects expected by the disclosure or notification order; and disadvantages and side effects

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