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(영문) 인천지방법원 부천지원 2016.04.01 2015고합309
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a male-child household with the victim C (V, 18 years of age) who is living together with the victim D.

1. On August 21, 2015, the Defendant continued to leave the hands to the back of the driver’s seat and expressed the victim’s intention to refuse to move into the top of the KS5 passenger car driven by D around August 21, 2015, and continued to cross the part inside the victim’s bucks.

Accordingly, the defendant committed an indecent act by force by taking advantage of the status of the defendant who cannot actively resist the victim.

2. On August 23, 2015, at around 10:00, the Defendant continued to sell the part of the victim’s arms to the victim even though the victim was able to meet and expressed his intention of refusal by being pushed back to the first floor of G pande in Incheon, which is also in Incheon, G Mo-do.

Accordingly, the defendant committed an indecent act by force by taking advantage of the status of the defendant who cannot actively resist the victim.

3. On August 24, 2015, the Defendant: (a) moved to the top string of the EK5 passenger car driven by D around August 24, 2015, with a short half of it, and became up to the back of the driver’s seat; and (b) caused the victim’s bucks to the back of the driver’s seat.

Accordingly, the defendant committed an indecent act by force by taking advantage of the status of the defendant who cannot actively resist the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of fines for the crime;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with punishment prescribed for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc.) committed on August 21, 2015 with the largest penalty];

1. Articles 53 and 55(1)6 of the Criminal Act for mitigation of a small amount of punishment (the following grounds for sentencing)

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