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(영문) 청주지방법원 충주지원 2013.09.09 2013고합23

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On December 2, 2012, the Defendant committed an indecent act by force against the victim, on the following grounds: (a) on the second floor D main points of the building in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) while drinking F and alcohol, the mother of the victim E (in the age of 15), who is a juvenile, was seated by F, in the right side of the victim; and (c) he was seated with F, who was paying a money, and then left part of the victim’s shoulder, left part of the part, and walked the victim’s right chest with the right hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the witness F, G, and H’s statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. A video CD recorded by the victim;

1. Application of a certified copy of resident registration (victim E);

1. Before wholly amended by Act No. 11572 on December 18, 2012, Article 11 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the provision applicable to the relevant criminal facts and the provision applicable to the selected punishment;

(a) The same shall apply;

Article 7(3) of the Criminal Act, Article 298 of the Criminal Act (Selection of Fine)

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. As to the assertion of the Defendant and his/her defense counsel regarding 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, the Defendant alleged that he/she was guilty of committing an indecent act against the said victim by: (a) cutting the victim E’s arms onto the right edge and causing him/her to sit down on the right edge; and (b) cutting the victim’s left arms on the shoulder and making the victim’s right chest up one time with his/her right hand.

Judgment

The victim described damage situations and processes, including the statement about the victim's place of damage and the perpetrator's behavior, in detail and in detail, it is reliable that the victim's statement is trusted, the date and time stated in the crime of F, G, and H that was present at the time of the crime of this case, and the defendant sits in his own side by drawing the victim's arms in the place, and the victim goes out to report the defendant as a sexual indecent act.