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(영문) 춘천지방법원 2013.09.27 2012고합308
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. On August 13, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the center of “F” located in Chuncheon Sincheon-si, at around 21:25, on the top of the main day of “F,” the victim G (n, 15 years of age) completed his/her father’s and divided his/her personnel affairs with his/her father’s H and Don, and then, he/she avoided the Defendant from the first floor of the “F” as the “F.”

The Defendant, who was demanded by the victim who driven away from her own, committed an indecent act by force against the victim by putting her hand out to the left chest part of the victim by her clothes.

2. In the first floor of “F” at the same time and time as described in paragraph 1, as described in paragraph 1, the Defendant: (a) made a sexual horse to G’s son’s father, his father, and the victim H(46 years old); (b) while drinking the victim’s face; and (c) caused the victim’s crypting injury to the victim’s crypology, etc., where the victim’s face cannot be identified.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of the witness H, G, and I;

1. Each police statement of H and G;

1. A written statement of I;

1. Application of Acts and subordinate statutes to photographs, written diagnosis of injury, investigation report (verification of the fact of damage to the victim, etc.);

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury and the choice of fines) of the same Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse);

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

1. The assertion of the accused and the defense counsel under Article 13(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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