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(영문) 서울북부지방법원 2012.07.06 2012고합78

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From June 17, 2011 to July 2, 2011, the Defendant committed an indecent act on the part of the victim, by forcing the victim to commit an indecent act against the victim E (the 17 years of age), a juvenile, who works from the “D” sales store operated by himself on the 1st floor of Dobong-gu Seoul Metropolitan Government, as an employee, at the “D” ice sales store in Dobong-gu Seoul Metropolitan Government, by drinking the victim’s buckbucks, and by drinking the victim’s kne with kne.

Summary of Evidence

1. Each legal statement of witness E and F;

1. E prosecutorial statement;

1. The second protocol of interrogation of the defendant's second protocol of interrogation of the police officer E

1. Each police statement of E and F;

1. Investigation report (Submission, etc. of photographs to the accused);

1. Application of the Acts and subordinate statutes to the complaint;

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

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. Determination on the assertion by the Defendant and his/her defense counsel under Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The defendant and his defense counsel asserts to the effect that: (a) not only the facts charged in the instant case was not specified, but also the defendant's conviction on the sole basis of each of the statements of the victim or F without credibility is unreasonable.

2. Determination

A. The phrase “date” of a crime as referred to in Article 254(4) of the Criminal Procedure Act, which prescribes the specific method of the facts charged as to whether the facts charged are specified, requires a statement to the extent that it does not conflict with double prosecution or prescription, and “place” requires a statement to the extent that it does not conflict with territorial jurisdiction, and “Method” requires a statement to the extent that it specifies the elements of a crime, and the purport of the law requiring that it must be equipped with three specific elements of the facts charged in the crime charged is ultimately to facilitate the defense of the defendant by limiting the scope of the defense of the defendant. Thus, the facts charged are the above three elements.