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(영문) 서울동부지방법원 2017.06.30 2017고합114
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 January 26, 2017, at around 00:05, the Defendant directed the victim D (son, 16 years of age) to drive a otobane in Seoul Special Metropolitan City Gwangjin-gu, and to make an illegal internship while driving the obane for this delivery. In addition, the Defendant divided his son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son, and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes in which a report on investigation by the prosecution (to hear statements by witnesses E and to attach telephone recording files);

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 crime (opportune selection of a punishment, and circumstances favorable to the following 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 Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (in addition to the circumstances that can be seen as the grounds for sentencing as set forth below, the Defendant’s disadvantage due to disclosure order or notification order and the anticipated side effect on the Defendant’s entry are considerably higher than the preventive effect, etc. of sexual crimes subject to registration that may be achieved due to such order.

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 five million won for the decision of sentence; and

H. The Defendant’s crime of this case is limited to the victim who is a juvenile and generally requires strict punishment.

However, the victim himself is also the victim.

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