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(영문) 창원지방법원 통영지원 2017.07.20 2016고합69
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant committed crimes with the lack of capacity to discern things or make decisions due to editing illness, as follows:

On June 10, 2016, around 04:25, the Defendant: (a) obstructed the said road from running along the “D” convenience store located in C at a macroscam on June 10, 2016; (b) obstructed the said road due to the driving of the victim E (the 18-year-old age) and waiting for the said road; (c) discovered a victim who was probed by the said one while driving ahead of the said one; (d) discovered a little difference from the said one; and (e) led the victim to the right shoulder of the victim; and (e) led the victim to the shoulder of the victim’s right shoulder and the chest of the victim’s right shoulder; and (e) shoulder the victim’s right shoulder.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness F and G;

1. Each police statement made in relation to E (tentative name) and G;

1. CCTV video CDs;

1. A criminal investigation report (in relation to attachment of on-site CCTV images, non-compliance with attendance of victims, changes in the facts constituting a crime), a criminal investigation report (CCTV verification), and a criminal investigation report (the confirmation of

1. Application of Acts and subordinate statutes to a factual inquiry to the Supreme Prosecutors' Office of this Court;

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 the relevant criminal facts;

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a sexual assault crime prior to committing the instant crime).

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