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(영문) 수원지방법원 안산지원 2014.02.21 2013고합383
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

On May 9, 2013, at around 07:30 to 08:00, the Defendant boarded the C bus operated to the opening station located in Guro-gu Seoul Metropolitan Government at the luminous stop located in the luminous 7-dong, and was seated by the victim D (the age of 15, the age of 15) seated, despite the absence of other seats, and was sitting down on the side of the seat where the victim D (the age of 15, the seat was seated), and then the victim’s bucks down the victim’s body with his buckbuck paper with his buckbuck paper, and the victim’s body was pushed down on the chest part of the victim.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. The statements made by the victim's video recording in one CD;

1. Court records;

1. Medical certificates, internal investigation reports (CCTV internal approval), investigation reports (specific suspect), submission of criminal investigation reports (the submission of sentence to a suspect - Family Relationships Certificate) and the application of statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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. Determination as to the assertion by the Defendant and the defense counsel under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Although the summary of the argument was the indecent act of the victim as stated in the judgment of the defendant, the defendant did not know that the victim was a juvenile at the time.

2. We examine the following circumstances, i.e., the victim at the time of the instant case.

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