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(영문) 대구지방법원 의성지원 2017.03.28 2017고합2

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 October 2, 2016, from around 13:39 to 14:12, the Defendant: (a) sent the victim E (a) (a person, female, 13 years old) with his head to the knee in the left knee of the victimized person; (b) led the victim to the knee of the victimized person; (c) led the victim to the knee of his kne; (d) led the victim to the knee of his knef; and (e) led the victim to the left hand, the Defendant forced the victim to have the knee of his knef; and (e) forced the victim to have the knef of his knef with his left hand.

On October 4, 2016, at around 11:30 on October 4, 2016, the Defendant demanded the victim's residence located in the Sung-gun of Seongbuk-gun F to find it side to the victim, and the victim sits down to the victim's side by cutting off the victim's left hand on the part of the defendant, and forced the victim to control the victim's resistance, and "I am" from the damaged person, but the victim's am am her, and forced the victim to fit the victim's her arm's length, and followed the victim's her arm's length on October 12:40 on October 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs or stenographic records attached to an investigation report (fore, video-recording for victim E);

1. Statement of the police statement related to G;

1. Report on internal investigation (the results of verification of CCTV image data) by statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that select the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;