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광주지방법원 2015.02.04 2014고합612

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 24, 2014, the Defendant discovered the victim D (n, 17 years of age), victim E (n, 16 years of age) in front of the entrance of the 102 Dong-dong, Seo-gu, 2014, 20:35, Seo-gu, Seo-gu, Seo-gu, 102, 102-dong 1-2 1-2 Ra, and made indecent act by compulsion of the victim E by one hand with only one hand.

Summary of Evidence

Each fact in the judgment

1. Any statement made by the defendant in compliance with this Act;

1. Each statement of E and D prepared by the assistant judicial police officer (victims) can be recognized by comprehensively taking into account each statement suitable for them, and there is proof.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 shall be considered);

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. According to the records, the following facts can be acknowledged according to the reason for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. On August 24, 2014, the Defendant, along with the family members of 19:30 on August 24, 2014, found the victims who walked with the victim who returned to the house and took care of the surroundings of the apartment.

The defendant followed the victims that he want to leave the victim's her, and her her her her her her her her her her her her her her her her her her her her her

2. After committing the crime, the victims shall not be punished for the defendant;

3. The defendant's social relations and family relations are under the leave of Korea at a university and is preparing a public official examination.

Family members of the defendant have both parents and male children.

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