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(영문) 의정부지방법원 2018.10.19 2017고합463
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

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

Reasons

Punishment of the crime

On September 8, 2017, at around 18:59, the Defendant boarded the Ma-man D Bus in Songpa-gu Seoul Metropolitan Government, and was seated at the right door of the second part of the bus following the bus, and brought the shape of the victim E, a juvenile, who was a child and was seated. On the other hand, the Defendant had been seated in the middle seat of the last end of the bus, and moved the seat next to the victim.

At around 19:40 on the same day, the Defendant: (a) around the time when the bus was G in F in the Namyang-si, the Defendant committed an indecent act in a manner that the victim’s sexual organ was fluor around the bucks, where the part of the victim’s knish was found to have been aground on the buckbucks, where the victim’s knick, and the victim’s knish was pushed down by the hand, and the victim’s knick knick knick knick knick knick knick knick knick knick knick.

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

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. Each legal statement of witness E and H;

1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;

1. A written statement prepared by E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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 against Sexual Abuse;

1. The main sentence of Article 56 (1) 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 Juveniles against Sexual Abuse (only the crime of this case alone) of the child exempted from disclosure and notification order is likely to cause sexual assault to the defendant or repeat a crime.

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