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(영문) 서울중앙지방법원 2018.10.25 2018고합848
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

On April 18, 2018, at around 20:0, the Defendant: (a) accessed the victim F (F, 17 years of age) who kids together with his family members in the state of being faced with school uniforms in Dongjak-gu Seoul Metropolitan Government Ka Center; (b) putting the victim’s own knife his knife onto the right knife; and (c) putting the victim’s right chest into the victim’s right knife; and (d) committed an indecent act against the victim, who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to F, G, and statement of F;

1. - Application of Acts and subordinate statutes to CCTV video CDs and investigative reporting (to hear the statements of the victim’s mother).

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. It is anticipated that a child exempted from an order of disclosure and notification will have the effect of preventing re-offending through the registration of personal information of the accused and the completion of sexual assault treatment programs, as well as the fact that the accused does not have the same criminal record, to a certain extent, through the exemption from such order;

There is a criminal offense against the defendant, unlike in the case of a sexual crime.

If there is no evidence to determine the identity of the accused, and considering all the circumstances, such as the benefits expected by the disclosure order or notification order of this case and the effects of preventing sex crimes, and the disadvantages and expected side effects, there is a special circumstance in which the disclosure of the personal information of the accused may not be disclosed.

[Determination]

1. Registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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