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(영문) 인천지방법원 부천지원 2019.01.18 2018고합252
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the restaurant in Bupyeong-gu, Seoul and the victim C (V, 16 years of age) is the son of the above restaurant.

1. On July 2017, the Defendant: (a) followed the victim, who was working at the above restaurant, was her son, and her son was her son.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

2. On August 3, 2017, the Defendant got off the victim’s her son who was working in the above restaurant from around 18:00 to 23:00.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Each protocol of examination of witnesses C and D of the Incheon District Court 2018 Highest 37 Highest 2018 Highest 37 Cases;

1. Application of the police protocol law to C

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 selection of applicable laws and punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An order to disclose or notify the personal information of the accused and an order to restrict employment under the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [it shall be determined that there are special circumstances in which the disclosure or notification of the personal information of the accused should not be made, and the employment restriction order should not be made, considering the following factors: the accused’s age, environment, social ties, previous crimes, and the risk of recidivism (no same criminal record); the background and details of the crime in the instant case; the benefits expected by an order to disclose or notify the information; and

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is as shown in the facts charged.

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