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(영문) 서울남부지방법원 2013.10.17 2012고합228

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

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

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

Reasons

Punishment of the crime

around 17:00 on December 6, 201, the Defendant: (a) took the form of hand describing sexual behavior on the part of the “D” office operated by the Defendant in Yangcheon-gu Seoul, Seoul; (b) took the form of hand describing the sexual behavior, and continuously took the form of “the victim E (the victim F. 18 years old), a juvenile in charge of accounting affairs at the above company, was able to keep a balance of 4 quiths on the handbs, but E did not keep a balance, using the inside of the buckbucks by hand of a far-distance hand, and using the inside of the buckbucks.” (c) took the form of hand describing the sexual behavior, and continuously took the form of “the victim F. 18 years old, a juvenile in charge of the bucking duty at the above company, and made it difficult for the victim to use the F. buckbuck to make it difficult for the victim to do so by force.”

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Examination protocol of suspect against the accused by the prosecution (record of 2012 high-class 485 case);

1. Details of confirmation of the fact, such as telephone (the respondent E and F);

1. A written objection filed by the respondent;

1. Application of Acts and subordinate statutes to the field and animal photography;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that is favorable to the defendant among the grounds for discretionary mitigation);

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

1. Where a conviction on the instant criminal facts becomes final and conclusive for the Defendant who registered personal information under Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012), the former Act on the Protection of Children and Juveniles against Sexual Abuse.