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(영문) 서울남부지방법원 2013.08.22 2013고합197
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 31, 2013, at least 17:20, the Defendant: (a) repaired the confection of the confection of the body of the Victim E (the age of 13) at D laundry operated by the Defendant located in Yangcheon-gu Seoul Metropolitan Government, and (b) used the victim’s ambucks and the inside part of the victim’s ambucks as the floor of hand, and (c) ambucks with the victim’s ambucks and ambucks, the Defendant am 5 times the left chest of the victim’s hand, and am the victim’s ambuck as his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

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

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; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”); Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 298 of the Criminal Act on the same.

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. Where the conviction of a defendant who registered personal information under Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse before his/her order to complete the program is finalized, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, he/she is obligated to submit personal information to the competent agency

The exemption from disclosure order and notification order shall be exempted, but since the sentence of fine is imposed on the defendant, the disclosure and notification order shall be exempted pursuant to the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the former Act on the Protection of Children

Reasons for sentencing

1. The scope of punishment: Fines of 5,000,000 to 20,000 won; and

2. The sentencing criteria are not applicable as the fine is selected.

3. Determination of sentence: The defendant shall commit the instant crime of KRW 5,00,000.

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