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(영문) 대구지방법원 서부지원 2013.05.16 2013고합39
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 19:30 on January 26, 2013, the Defendant, at the house of the victim D (n, 15 years of age) located in Seogugu, Daegu, as the mother of the victim becomes unfolded with the victim, the Defendant allowed the victim to drink, “Is the face of the victim, but Is the body of the body of the victim as a bad, bad, and bad,” and “Is the victim’s knife with the victim’s knife of the victim, and attempted to wear the victim’s shoulder and forcedly.”

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. The statement made by D contained in the police video CDs;

1. Entry of D's written complaint;

1. Reporting on the occurrence of a suspected case and voluntary behavior, investigation report (such as visiting the scene and taking measures, and attaching a record of video recording and recording of the victim D) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. At the time of the case, three Acts and subordinate statutes shall apply to photographs of the victim's telephone details immediately after the case;

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. The Defendant asserts that there was no fact that the Defendant, in determining the Defendant’s assertion of the proviso to Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a sentence of a fine to the Defendant), did not have to talk with the victim’s sound, and that there was no fact that the Defendant

However, the following circumstances acknowledged by the above evidence duly adopted and investigated by this Court, namely, ① the statements made by the victim's investigative agency are specific and consistent, and the victim's false statement is not able to find the grounds for the victim's false statement, and ② the credibility is acknowledged.

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