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(영문) 수원지방법원 평택지원 2014.05.12 2014고합13

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 18, 2013, at around 23:00 on August 12, 2014, the Defendant and C (the Juvenile Department Decision No. 2014, May 12, 2014) drinked drinking together with the victim D (the age of 16 at the time) who was aware of the fact in the live park of Pyeongtaek-si, which is located in the lives of Pyeongtaek-si.

On August 19, 2013, at around 05:40, the Defendant committed an indecent act against a child or juvenile by entering the second column of the above toilets wherein C entered the victim, putting the victim who is unable to sleep his body in his knee under the influence of alcohol, putting the victim into his knee, inserting his hand into the victim’s panty, exposing the victim’s hand into the victim’s negative part, and putting his hand into the victim’s negative part, thereby making it difficult for the victim to resist.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of suspect interrogation protocol as to C prepared by the public prosecutor;

1. Application of the Acts and subordinate statutes to make statements to the victims of each written statement prepared by the police;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) and Article 2 subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation,

1. The information disclosure order and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the age, occupation, family environment, social ties, previous convictions, and the risk of recidivism (no record of criminal punishment exists, profits and preventive effects expected by an order to disclose or notify the personal information of the accused, and disadvantages and side effects resulting from such order.