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(영문) 서울중앙지방법원 2013.05.21 2013고합150

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.

Reasons

Punishment of the crime

On January 15, 2013, around 17:21, 2013, the Defendant discovered that the victim F (the 17-year old age) was seen as a mobile phone at the front crosswalk located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant committed an indecent act by force against the child or juvenile, by inserting the victim's hand under his/her left left franc, making the victim's hand under his/her control, making the left part of the chest only once.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G in the witness G (Provided, That the hearsay part which has no admissibility as evidence shall be excluded);

1. Application of Acts and subordinate statutes to the statement by the police of the victim F (as a whole, credibility can be acknowledged in the victim’s police statement in full view of the following: (a) the statement by the police of the victim F is detailed and specific; (b) the victim’s statement at the time of the damage was unable to find out any special circumstance that the victim was unable to find the defendant; and (c) the victim’s specific behavior that was damaged by the defendant at the time of the incident and the victim’s left side shape was sufficiently distinguishable from

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. 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 the conviction of the instant criminal facts is finalized, the Defendant who registered personal information under the main sentence of Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to the competent agency pursuant to Article 34

The reason for sentencing is that the crime of this case is not against the nature of the crime due to the indecent act against the juvenile who had shown sexual impulse in the old, and the victim at the time of the crime.