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(영문) 대전지방법원 서산지원 2016.09.22 2016고합44

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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

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

Reasons

Punishment of the crime

On May 30, 2016, the Defendant: (a) was laid off in the bus bus stop located in Seosan-si, Seosan-si, Seoul in order to move to the bus terminal in Seosan-si; and (b) the Defendant was seated in the victim F (Ga name, f, 13 years old) where the third window around the bus was seated in order to move to the bus terminal in Seosan-si; and (c) was seated in the victim F; (d) the Defendant was seated in the front of the bus, and (e) the Defendant was seated in the victim F;

Docsan Doctrine

The question was made with the “bucks,” etc., the victim made up of the damages between the two bucks, and the victim committed an indecent act on the victim’s bucks by placing his bucks on his bucks, keeping the bucks on the bridge by leaving the Defendant’s hand on the bridge, keeping the victim’s bucks down, and making the victim’s bucks on the hand by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Act and subordinate statutes to the investigation report (Attachment to the list of the 112 Reporting Case), the investigation report (as to the DNA CCTV and Ebbbcam images), the investigation report (as at the time of the instant case, attaching photographs of the suspect's clothes and legs parts of the body), the investigation report (as at the time of the instant case, the victimized child was suffering from the damaged child at the time of the instant case

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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

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

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that there was no record of punishment for sexual crimes prior to the instant crime, the fact that the Defendant recognized the crime and stated that it is against the mistake, and that the Defendant appears to have committed the instant crime somewhat contingent, while drinking alcohol.