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(영문) 춘천지방법원 강릉지원 2018.12.20 2018고합48
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

On June 5, 2018, the Defendant 20:12, at the D convenience store operated by the Defendant in Gangseo-si, and the Defendant passed by the victim E (13 tax and household name) (13) who saw drinking water before the display stand, and went by the Defendant her left hand with the victim’s sexual part.

Accordingly, the defendant committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of CCTV image data closure photographs, CCTV evidence video data CDs, and 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) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018);

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, home environment, social relationship, criminal record and risk of recidivism of the defendant, motive, method and result of the crime in this case, the degree and anticipated side effects of the defendant's disadvantage due to the employment restriction order, the prevention of sex crimes that may be achieved due to such order, and the effect of the protection of the victim, etc. of the defendant seems to have been significantly low risk of repeating the sex offense, and there are special circumstances in which the employment of the child and juvenile-related institutions, etc. shall not be restricted;

Since it is judged that the defendant does not issue an employment restriction order to the defendant)

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 defendant has no record of punishment for committing a sex offense, and the defendant has this record.

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