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(영문) 의정부지방법원 2016.03.30 2015고합363
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

On May 19, 2015, the Defendant discovered the victim F (16 years of age) who is waiting to wait for light railing because he completed a private teaching institute at the E-section platform of the Gyeongdong E Station located in Dong at the time of Jung-si on May 23:15, 2015, and talks with the victim's side and talks with the victim's refusal to do so.

The victim's buckbucks are used and rhumbucks by hand, and the victim of the play called "to do so", and later, the victim called "to do so," again, and the victim called the platform and the victim "to do so," but the victim again refused to do so, and the victim called "I do not do so," and the victim called "I do not want to do so,"

B. The victim expressed that he would want to do so, and expressed that the victim’s right chests were left hand, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV video recording CDs and CCTV images taken in light of light metal E;

1. The provisions of Acts and subordinate statutes governing the photographic photographs of CCTV images of light rail bars, the specifications of card transaction in light rail G base, T-mone member information inquiry, and the application of the detailed statement of card transaction;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the defendant was the initial offender and the indecent act is considerably minor, as well as the following circumstances, there is a risk that the defendant may recommit a sexual crime in light of the following circumstances.

It is difficult to conclude otherwise, and it is expected by an order of disclosure or notification.

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