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(영문) 부산지방법원 2019.05.17 2018고합498

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a woman of a woman living in Busan East-gu, and the victim B (Ar, 17 years old), C (Ar, 18 years old) and C (Ar,) are students of the above school.

1. On May 1, 2018, the Defendant: (a) was engaged in the social and cultural activities of Korea in the first half of the third grade class class class class class of the said school; (b) was able to use the victim’s dythm as the victim’s dythm., (c) was able to use the victim’s dymnosis; (d) the victim’s dymbbbbn; and (e) the victim’s dymn was fyd with the victim’s hym from the shoulder to the victim’s hym, even though the victim avoidedd her head by side.

2. On May 2018, the Defendant: (a) completed consultation on the evaluation of the victim C and performance in the school room in the middle of the school room at the above school room; and (b) was sleeped by the victim.

Accordingly, the defendant committed an indecent act on the part of the victims who are children and juveniles more than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police protocol law to B and C

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

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. An order to disclose or notify personal information under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order to disclose or notify such information, requires careful attention as it may have a significant influence on the accused, the accused has no record of criminal punishment for committing a sexual crime, and the punishment prescribed by this court shall be imposed on the accused;