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(영문) 춘천지방법원 강릉지원 2013.04.18 2013고합10

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 16:10 on December 28, 2012, the Defendant tried to add a public book to the victim C (the 14-year old age), who became aware of a smartphone 104 from the defendant's house located in Gangnam-si Bud 104, and opened a house to the fright, and called the victim’s body, and called the victim’s body, and the victim cannot be divided into the victim’s body, and then the Defendant’s sexual organ was frighten in the part of the victim’s body, and the finger was frighted by the victim’s chest, and the chest was frighted by the victim’s chest, and the victim tried to get off the victim’s body while saving the body of the victim’s mother, but she gets off the victim’s body and resisted the victim’s body, and caused the victim to salke the victim’s sexual organ.

Accordingly, the defendant committed indecent acts against female juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to C by the police;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

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. Optional fine;

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. Where the conviction of the crime of this case, which is a sex offense against a child or juvenile who has registered personal information pursuant to Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is finalized, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to submit personal information to a competent agency

Since a fine is imposed on the defendant exempted from disclosure and notification order, all orders for disclosure and notification shall be exempted pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the crime of this case was committed by indecent act by force against juveniles of 14 years of age.