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(영문) 대전지방법원 서산지원 2013.12.05 2013고합87

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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 July 14, 2013, at around 23:30 on July 14, 2013, the Defendant went out of the above house to return alcohol to the Defendant’s wife, the victim’s mother, and the victim’s mother, and came out of the above house to return alcohol, and the victim’s defect wanted to go out of the toilet. The Defendant opened the victim’s prone door door and announced the victim’s home, and also came out of the way to go together with the victim.

Although the Defendant deemed the victim as “Icera,” the victim refused to do so, the Defendant, by hand, brought the victim’s arms to be fluored and fluored, and the victim’s chest was fluored one time by hand, and the victim committed an indecent act by force against the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts and the selective punishment of a child;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused deemed to be the grounds for sentencing below);

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

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Article 50 (1) 1, (4), and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In a case where a judgment of conviction is finalized against the instant criminal facts of this case, the Defendant who registered personal information of this case under Article 334(1) of the Criminal Procedure Act is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1

The crime of this case on the grounds of sentencing is the same as the victim who is a juvenile of the offender.