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(영문) 서울동부지방법원 2017.06.30 2017고합130
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
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

On March 22, 2017, at around 07:03, the Defendant was aboard D buses in Songpa-gu Seoul, Songpa-gu, Seoul, and was seated on the back left side of the bus, and discovered the victim E (the age of 16) who was seated on the left side of the immediately left side, and met the victim’s left side.

As above, the Defendant committed an indecent act against the victim by taking advantage of the mental and physical loss of the victim or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Police stenographic records of E;

1. A statement prepared by the F;

1. Entry of a report on internal investigation by the police (related to a DNA black box) and the application of video legislation;

1. Relevant legal provisions of the Act on the Protection of Juveniles against Sexual Abuse and Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act (Optional to the punishment, taking into account the following favorable circumstances among the reasons for sentencing);

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances have been repeated for 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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, and content of the instant indecent act, etc., the exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, and content of the instant indecent act, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order and notification order are extremely large compared to those

Ultimately, in the instant case, there are special circumstances in which the disclosure of personal information should not be disclosed. Reasons for sentencing are as follows.

1. Imposition of a fine of 5 million won to 15 million won within the applicable sentencing range; and

2. A fine not exceeding seven million won for a sentence of sentence;

H. The instant crime is an indecent act against a female student at a public place, and the nature of the crime is not that of the crime.

However, there are the following favorable circumstances for the defendant.

(1) The above crimes are committed by defendants.

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