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(영문) 대구지방법원 2014.03.14 2013고합441
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

"2013Gohap41" Defendant is a person who operates a window dressing point in Daegu Jung-gu, Seoul, and the victim E (V, 16 years of age) is an employee of the window dressing point.

At around 20:00 on August 20, 2013, the Defendant saw the victim who was arranged at the above window dressing point, and committed an indecent act by force on the part of the victim, who was a juvenile.

The Defendant, around July 2013, 2013, committed an indecent act by force by force, such as: (a) removing a boomed boomed booming on the part of the victim F (n, age 19) that is attached to the victim F (n, n.e., older than 19) at the end of the instant “D” point; (b) removing the boomed boomed booming on the victim’s chest; (c) making the victim’s chest contacted; and (d) gathering the b) having contacted the her finger with the her chest.

Summary of Evidence

"2013, 441"

1. Partial statement of the defendant;

1. The statements and records of the victims recorded in the video CD "2013 Gohap515";

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the police protocol of statement to F;

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

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

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. Determination on the assertion by the Defendant and his/her defense counsel under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The Defendant’s summary of the assertion is only the fact that he/she added the victim E to the facts charged in 2013 Gohap441, and is also the facts charged in 2013 Gohap515.

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