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(영문) 부산지방법원 2015.01.30 2014고합573

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 6, 2014, around 23:25, the Defendant: (a) around the main point of “E” located in “E” located in “E”, the passage of the Victim F (F, E, E, and E) divided dialogues, and (b) the Victim F, as the Defendant f, flicked and flicked with both the Victim’s chests.

Therefore, when the victim demanded a apology on the delivery of the breast, it seems that he would rather see that he will turn on the left side of the victim's breast as he she saw, "Chewing baby, her breast at any time, her breastno." and her bath, and she will turn on the left side of the victim's breast.

Therefore, the defendant was forced to commit indecent acts against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and F

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

1. The crime of this case on the grounds of sentencing in full view of all the circumstances, such as the favorable circumstances that the defendant did not have a sex offense power, etc., and the benefits and preventive effects expected by the disclosure and notification order to the defendant and the disadvantages and side effects of the defendant, etc., the crime of this case on the grounds of sentencing is deemed to have special circumstances where the defendant is unable to disclose and notify the defendant's personal information.) The crime of this case on the grounds of sentencing is a difference between the defendant and the victim, who is a female juvenile under the age of 15, and his/her relatives, who are women under the age of 15, in the face of the heart.