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(영문) 의정부지방법원 2013.09.13 2013고합293
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. On May 30, 2013, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed indecent acts by force on the part of the victim E (the victim 14 years old), who is a juvenile waiting for a bus at the bus stop at the seat of the bus stop at the seat of the D cafeteria located in the city of Speaker, on May 30, 2013.

2. The Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Space) committed an indecent act against the victim by using the victim’s bridge at his/her hand around May 30, 2013, when he/she was boarding or leaving a G bus operated in F in the direction of both sides at the same time and at the same place, and on May 30, 2013, around 23:27, the locked used the victim’s bridge (18 years old) as his/her hand. On May 30, 2013, the Defendant committed an indecent act on the part of the victim by using the victim’s bridge at his/her hand and getting off the bus and rhing it from the bus as follows.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each written statement of E and J;

1. Application of the laws and regulations to each investigation report (as regards bus booms analysis and investigation, G bus screen images)

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act; Article 11 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the maximum amount of the crimes above the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

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. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

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