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(영문) 서울중앙지방법원 2018.08.31 2018고합452
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 May 26, 2017, around 20:43, the Defendant discovered the Victim H (16 tax and female) of a victim who was frightening at the top of the Gangnam-gu Seoul, Seoul, while driving a G flick-gu car, and was flicking at the same place, and opened the flick-gu window for the vehicle, and requested the victim to change the phone number.

When the defendant refuses the continuous demand of the defendant, he/she shall not send it at all times, and the victim has tightly complied with the demand of the defendant, and the defendant has brought the victim's hand, etc. at the moment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on internal investigation (the verification of CCTV at the scene of occurrence and control centers, CCTV control centers), and internal investigation reports (the internal investigation for specifying the number of vehicles);

1. 112 Reporting case handling table;

1. Application of 20 copies of field photographs around the case, closure photographs and 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 the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 (the degree of indecent conduct in the instant crime is not relatively more severe, and the Defendant’s sentence of a fine, registration of personal information, and orders to complete a sexual assault treatment program may have an effect to prevent recidivism to a certain extent even if the Defendant was sentenced to a fine and completed a sexual assault treatment program;

I seem to appear.

In addition, the defendant's age, environment, family relations, motive for committing a crime, disclosure and notification order may be achieved by the degree and expected side effects of the defendant's disadvantage, and thereby.

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