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(영문) 인천지방법원 부천지원 2014.08.22 2014고합93
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

At around 22:50 on April 15, 2014, the Defendant: (a) followed the Victim F (F) who was left to and returned to the “Estus” located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-si, and returned to his house; (b) followed the Victim F (F) who was her sexual organ before the Victim; (c) displayed the Victim’s cash 1,000 won; and (d) committed an indecent act by force against the Victim, who is a child or juvenile, by limiting the Victim’s left chest to the right hand.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Act and subordinate statutes to the investigation report (the attachment of a tent fluor photograph presented by the defendant);

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. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant’s personal information shall not be disclosed and notified in full view of all the circumstances, such as the Defendant’s age, occupation, type and motive of the instant crime, type and consequence of the instant crime, the process and consequence of the instant crime, the disclosure order, and the effect of prevention, disadvantages and side effects expected by the disclosure order, etc., and the Defendant’s personal information shall not be disclosed and notified, considering the following: (a) there was no record of punishment for sexual assault offenses until now; (b) it is difficult to readily conclude that the Defendant committed the instant crime with a net impulse impulse; and (c) it appears that the Defendant’s registration of personal information and the completion of a sexual assault treatment program would have an effect to prevent recidivism; and (d) the Defendant’s personal information may have an effect to prevent recidivism.

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