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(영문) 대전지방법원 천안지원 2013.12.04 2013고합169

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 02:40 on April 25, 2012, the Defendant assaulted the victim at a D restaurant located in Dong-nam-gu, Yandong-gu, Yannam-si, on the ground that the victim E (the age of 16) who was next to the Defendant reported the Defendant to cafeteria in Japanese language to the cafeteria, was the victim on the ground that the victim E (the age of 16) was present, and the victim was turfed, and the victim was hurfed by his hand at one time.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against the victim by putting the victim’s who is a sudden juvenile at the time and place specified in paragraph (1) and by committing an indecent act against him/her in response to his

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement of the police statement regarding E;

1. Statement of the investigation report (general);

1. Application of each video statute of the criminal tool photograph and video CD at the scene of the crime;

1. Article 260(1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, Article 260(1) of the Criminal Act, Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse);

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. The Criminal Procedure Act, which imposes an order to complete a program, imposes an order to complete a program, in principle, on the accused under Article 457-2(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, inasmuch as the accused is convicted of a fine. However, the order is not imposed in a summary order.