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(영문) 광주지방법원 목포지원 2013.12.26 2013고합98

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

At around 13:30 on October 9, 2013, the Defendant: (a) committed an indecent act against the victim E (the 13-year age), a child or juvenile, by forcing the victim to have an access to the D apartment 204-dong guards, which had a conversation with their friendships in the front 204-dong guards room (the 13-year age), by stating that the Defendant was a third village or father; and (b) making a talk while talking, the Defendant demanded the victim to have fit for the victim, and was refused to do so, by forcing the victim to use it from the buckbucks to the bucks of the victim to the end.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 49 (1) 1 and Article 49 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is registered as indicated in Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person 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 a competent agency pursuant to Article 4

As to the defense counsel's assertion, the defendant asserts that the defendant was in a state of mental disability or mental disorder under the influence of alcohol at the time of committing the crime of this case.

According to the above evidence, although the defendant was found to have drinking at the time of the crime of this case, there are various circumstances, such as the background, means, and the defendant's behavior before and after the crime of this case.