beta
(영문) 대전지방법원 서산지원 2018.02.21 2017고합45

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 September 28, 2016, the Defendant: (a) expressed to E (a) a juvenile, who had been at the event held in front of the first floor D of the C Building at Jin-si, Seoul on September 15:30, 2016, “brue bbing brea, 17 years of age.”

To offer money.

“In doing so by hand, the victim’s bridge was met and forced to commit an indecent act.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. On-site photographs and the list of 112 Report Processing Cases (the defendant and his defense counsel asserted that the defendant was only the victim's grandchildren, etc., and that there is no bridge. However, the victim's statement consistent with the criminal facts is consistent and concrete about the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, and it is difficult to find any motive to make a false statement differently, and the credibility is recognized in light of the victim's statement and the attitude of the victim's statement in this court. In full view of these remaining evidence, the victim's statement and the remaining evidence as mentioned in the judgment of the court are sufficiently recognized.)

Application of Statutes

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 exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (i.e., 12 or more years prior to the criminal defendant's sexual intercourse with a mental or physical weak person), the degree of the type of force exercised by the victim is not severe, and the degree of conduct is relatively less severe, and it is contingent under the influence of alcohol.