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(영문) 대구지방법원 경주지원 2016.06.03 2015고합55

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 6, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim E (the age of 17) who was faced with the “D cafeteria” front of the “D cafeteria” located in Ponsi-si, P on July 6, 2015, by going through the victim E (the age of 17).

2. On July 6, 2015, the Defendant intruded into a structure managed by the victim, via the entrance door of the H high school dormitory managed by the victim G on the racing-si on July 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. E statements;

1. Application of investigation reports (Attachment of CCTV images related to housing intrusion), CCTV images, and investigation reports (related to I statements by witnesses of forced indecent conduct);

1. Relevant legal provisions of the Act on the Protection of Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 319(1) of the Criminal Act, and the selection of fines for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the aggregate of the maximum amounts of the above two crimes for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, with heavier punishment, is added);

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 of the Criminal Act, 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 Act on the Protection of Children against Sexual Abuse;

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’s age, occupation, family environment, social ties, criminal records and the risk of recidivism (no criminal record exists), the victim’s intention not to be punished against the Defendant, and other disclosure orders of this case.