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(영문) 인천지방법원 2013.05.31 2013고정1145
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 December 20, 2012, around 14:03, the Defendant: (a) committed an indecent act by force against the victim D (L) of a minor who is an employee by selling things within the Bupyeong-gu Incheon Bupyeong-gu C convenience store; and (b) “I am humpha hum humpha hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum h, hum hum hum hum hum hum hum hum h

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (general Acts and subordinate statutes);

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 criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( Taking into account circumstances, etc. favorable to:

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A fine shall be reduced by taking into account the circumstances where the defendant, prior to the sentencing reason of Article 334(1) of the Criminal Procedure Act, had repeated sexual humiliations against the victim. However, the degree of indecent act is relatively weak, the victim becomes ineligible for a sex offense against the child or juvenile after about 10 days from the time of the instant crime due to Eargument, the aged, the disabled, and the basic living recipient of the disability class 5, and the fact that he/she had no criminal record after 1976. A sentence of a fine or heavier punishment on a sex offender, the order to complete the sexual assault treatment program shall be issued concurrently (Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse). However, as long as the defendant did not complete his/her order under the instant summary order, the order shall not be ordered to complete the program in accordance with the principle of prohibition of disadvantageous alteration under Article 457-2 of the Criminal Procedure Act, which only requested the defendant.

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