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(영문) 대구지방법원 서부지원 2013.06.20 2013고합53

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

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

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

Reasons

Punishment of the crime

1. At around 03:00 on November 27, 2012, the Defendant: (a) taken photographs to register in the Internet shopping mall “E” office operated by the Defendant, Daegu-gu D itself, Daegu-gu, and made an indecent act against the victim, who is a juvenile, by force, on the following grounds: (b) took photographs to register in the shopping mall office; and (c) took the chest center of the victim F (the age of 17).

2. The Defendant purchased tobacco as the victim around 05:00 on the same day as the above 1st day and 05:00, the Defendant committed an indecent act against the victim, who is a juvenile, by force, by force, such as: (a) the victim’s bucks, knenee, knee, knee, knee, kne, knee, etc., who was on board the H convenience store located in Daegu-gu G, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. Photographs;

1. Application of the statutes governing the output of the Kakao Stockholm conversation;

1. Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, Etc.)] among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), the proviso to Article 38(1), the proviso to Article 38-2(1), and Articles 1 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sept. 15, 201) (amended by Act No. 11047, Sept. 15, 201).