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(영문) 춘천지방법원 2015.08.25 2015고합16
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On August 29, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Yeongdeungpo Branch’s Monthly Support, etc., and the said judgment became final and conclusive on December 30, 2014.

【Criminal Facts】

The defendant and the victim C (the age of 17) were admitted to the Chuncheon Prison U.S. in 2 Dong-J. 2, 2015 between December 22, 2014 and January 22, 2015 in Gangwon-do, Gangwon-do.

During the above period, six persons, including the defendant and the victim, were living together in the above prison Case 2 D during the above period, and the defendant was about 37 years old compared to the victim, and the victim was not easily set up against the defendant due to the order of deceptive scheme in which E was detained.

On December 27, 2014, the Defendant reported the victim who viewed the television in front of the 2nd page D at the 2nd page of the 2nd page of the said 2014, and led the victim to commit an indecent act by using the victim’s easily set up defense against the Defendant, and the Defendant was only buckbucks, paper, and paper.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Each service report;

1. Previous convictions: Criminal records investigation report (A), investigation report (Attachment of the case's attachment to the suspect and confirmation of the fixed date) and defense counsel's assertion were asserted that the defendant and defense counsel did not have any intent to give sexual humiliation to the victim at the time of committing the crime in the judgment of the defendant. However, in light of the fact that when the defendant met the victim's injuries when the victim expressed his intention to refuse to do so, it can be sufficiently anticipated that the victim's buckbucks, sexual organ re-sucks of the victim even though the victim expressed his intention to refuse to do so, and that the act of taking another person's buckbucks or sexual organ might cause a strong sense of sexual humiliation to other persons.

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