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(영문) 대구지방법원 2018.08.17 2018고합93

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 2017, the Defendant’s indecent act against the victim B (nive, 18 years old) committed an indecent act by force against the victim B (nives) in accordance with the high-speed accelerator in Daegu-gu Seoul-gu “D stores,” preventing the victim from moving into a bridge, preventing the victim from moving into the bridge, and committing an indecent act by force by inserting the victim’s hand into the twits, and forcing the victim from around that day to around that year.

8. From the date of September 19, the victim was forced to commit an indecent act on five occasions, such as the victim’s list 1 in attached Table 1.

2. The defendant who forcibly committed an indecent act against the victim E (V, 17 years old) in the above place on July 31, 2017; the defendant forcedly committed an indecent act by inducing the victim's knifely, leading the victim's knifely, leading the victim's knifely from around July 16:00; and the same year from around that day

8. From the 15th day to the day, the victim, who was a child or juvenile, was forced to commit an indecent act on five occasions, such as the second day of the list of crimes in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution concerning E and B;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal affairs (Attachment of field medication and recording of the details of telephone conversations between a suspect and a victim);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of punishment, and the selection of fines, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (the point of each of the indecent acts by force against children and juveniles, and the selection of fines);

1. The punishment shall be aggravated for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes committed on or around August 11, 2017, with the largest penalty];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. An order for disclosure, notification, and employment restriction order is exempted, the proviso to Article 49 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a sex crime against a defendant);