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(영문) 광주지방법원 2013.06.13 2013고합162

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

At around 23:00 on October 6, 2012, the Defendant committed an indecent act against a child or juvenile by force on the part of the victim while being inside the room room 202 of the Gwangju Mine-gu, Gwangju Metropolitan City, and being inside the room from the victim D (n, 14 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant legal provisions, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;

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 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. Where an accused is convicted of a fine, even if his/her order to complete program is not imposed, an order to complete program shall be imposed pursuant to the main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection

However, in the instant case where only the Defendant requested a formal trial against a summary order that did not impose such order, the order to complete the program is not imposed pursuant to the principle of prohibition of disadvantageous alteration (see Supreme Court Decision 2012Do8736, Sept. 27, 2012) (see Supreme Court Decision 2012Do8736, Sept. 27, 2012). 1. The instant crime on the grounds of sentencing under the proviso of Article 38(1) and the proviso of Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see Supreme Court Decision 201Do8736, Sept. 27, 2012)

On the other hand, the fact that the defendant led to the confession of the facts charged in the instant case and reflects his mistake, the fact that the defendant does not want the punishment against the defendant by mutual consent with the victim after the request for formal trial, and the fact that the defendant is the first offender is an element

Furthermore, the age, character and behavior, environment, etc. of the defendant.