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(영문) 인천지방법원 2014.04.03 2013고합758

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person operating a restaurant in Yeonsu-gu Incheon Metropolitan City C, and the victim D (Vs, 195) and victim E (Vs, 1994) are a part-time employee of the restaurant operated by the defendant.

1. From October 14, 2013, the Defendant committed the crime against the victim D around 22:30 on October 22, 2013, to the victim D, who works at the above restaurant, with the victim's own hand, laid her her m, her m, and continued to sit the victim in the table, and then her her k's k's k's k's k's k's k's k's k's hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On October 14, 2013, around 23:00, the Defendant committed the crime against the victim E gives the victim E who intends to complete work at the above restaurant and return to the above restaurant, together with the victim, put the victim’s her son’s son at the “G Park” located in the Yeonsu-gu Incheon Metropolitan City in the “G Park,” and continued to run in the above park with the victim’s her son’s son at his son’s son at his son’s son’s son at his son’s son at the victim’s son’s son, and her son’s son at his son’s son and her son

When the victim is suffering from his body, the defendant is clearly called "the victim's face", and the victim's face was drawn up with his/her hand, and he/she suffers from the victim's view, tree, skill, ear, etc.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Indecent acts by compulsion against the law applicable to facts constituting a crime and the judgment of the choice of punishment D: The occupation of indecent acts by compulsion against the law as prescribed in Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act: Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

1. Article 53 of the Criminal Act for discretionary mitigation.