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(영문) 전주지방법원 2014.04.17 2013고합242
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

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

1. At around 01:00 on November 3, 2013, the Defendant: (a) set up a soup frying side of the sobrying fro, Jinjin-gu, Jinjin-gu; (b) the Defendant satched the sexual flag of the victim E (15 years of age) who was locked and was unable to resist due to satching; and (c) led to indecent act by force.

2. 피고인은 제1항 기재 일시ㆍ장소에서 반팔과 반바지를 입고 잠을 자고 있어 항거불능 상태에 있는 피해자 F(15세)의 양 팔뚝을 혀로 핥아 준강제추행하였다.

3. The Defendant, who was divingd with reflectrs at the time and place specified in Paragraph 1, was forced to commit indecent act by force by force, with the sexual flag of the victim G (the age of fifteen) who was in a state of failing to resist (the age of fifteen) as clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. Application of statutes on site photographs;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E, the largest penalty for concurrent crimes);

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

1. In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social relationship, benefits and preventive effects expected due to the instant disclosure order or notification order, disadvantage and side effects, etc., the Defendant’s personal information shall not be disclosed or notified.

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