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(영문) 인천지방법원 2013.10.11 2013고합516

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating a restaurant in the name of “D” in the Nam-gu Incheon Metropolitan City, and the victim E (n, 18 years of age) and F (n, 18 years of age) are those who work in the above restaurant as part-time employee.

1. On December 15, 2012, the Defendant committed the crime against the victim E: (a) around 20:00 on December 15, 2012, the victim E, an employee, saying, “patch is smaller than milch.” (b) the victim E, an employee, was milched; (c) the victim’s chest was taken by his own hand, and was forced to commit an indecent act against the juvenile.

2. Crimes against victim F;

A. The Defendant discovered the victim F, an employee, at the same time and place as Paragraph 1, that the victim F, reported the mobile phone device, and committed an indecent act by force against the juvenile victim, by making two times the victim’s chest on his own hand.

B. At around 20:00 on December 16, 2012, the Defendant: (a) caused bucks to the victim F at the same place as Paragraph (1) of this Article; (b) caused bucks to the Defendant’s side; and (c) caused bucks to the said victim’s bucks by hand; and (d) committed an indecent act by force against the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with the largest penalty);

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

1. The facts constituting a crime under which Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be found guilty.