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(영문) 광주지방법원 목포지원 2013.09.17 2013고단1165
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 21, 2013, around 16:40, the Defendant continued to have a telephone call at the “nesf Park,” located in the Mapoam-si, Mapoam-si, where the victim C (A, 17 years of age) was seated, and she considered the victim as an adult woman, and the victim's rear her own hand, and her chest was placed in the center, and the Defendant continued to her chest to see and resist the body of the victim's sound.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of statements;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts and the selection of punishment (the selection of fines, the recognition of the crime and the reflection thereof, the victim does not want the punishment against the defendant by mutual consent with the victim, the amount of fines shall be determined after taking into account the fact that the victim is the first offender);

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 against Act on the Protection of Children and Juveniles against Sexual Abuse, even though the defendant was unable to recognize that he/she is a child or juvenile, a person who commits a sex offense against a child or juvenile under Article 2 subparagraph 2(c) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a person who commits a crime under any provision of Articles 297 through 301, 301-2, 302, 303, 305, and 339 of the Criminal Act against a child or juvenile without relation to whether he/she is aware that he/she is a child or juvenile (see Supreme Court Decision 2011Do8163, Dec. 8, 2011).

Where a conviction against a defendant is finalized with respect to the crime of the instant case involving the registration of personal information, the defendant shall be punished for sexual crimes.

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