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(영문) 인천지방법원 부천지원 2015.01.23 2014고합243
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 15, 2014, at around 22:30 on October 15, 2014, the Defendant seems to have opened the buckbucks, which was revealed by the victim D (the age of 17) who was divingd by the bus No. 6117 in the direction of Incheon reinforcement, in front of the apartment complex of a scenic village located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Accordingly, the Defendant committed an indecent act against a child or juvenile who was unable to resist.

Although the Defendant denies the facts charged, the victim’s statement is relatively specific and consistent, and there is no special circumstance to see the Defendant. Therefore, the Defendant’s assertion is not separately determined.

Summary of Evidence

1. Partial statement of the defendant;

1. D's statement recorded in the video recordings;

1. Investigation report (including CCTV data attached to screen image materials in buses);

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident report;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which select the relevant criminal facts and punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The accused does not have any record of punishment for the same kind of sexual assault crime before committing the instant crime, and the accused has the habitle of sexual assault crime against him/her, under 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;

In full view of the circumstances, such as the fact that there is no substantial need to impose security measures such as an order to disclose or notify personal information because it is difficult to deem that there is a risk of recidivism, and the fact that the disclosure or notification of personal information of the defendant is considerably large to the degree of infringement of legal interests of the defendant and his/her family members, the personal information of the defendant shall not be disclosed or

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