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(영문) 전주지방법원 군산지원 2013.06.14 2013고합37
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 27, 2012, the Defendant, around 20:59, under the influence of alcohol on the roads in front of the D Zone C in the Yasan-si, the Defendant committed an indecent act by force on the part of the victim, by making it difficult for the victim E (the female, 18 years old) who is a juvenile to walk together with his/her friendship with his/her friendship, and by making the victim’s desire to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 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. The defendant and his/her defense counsel's assertion regarding the defendant's assertion under Article 13(1) and Article 33(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the case where a conviction is finalized against the crime of this case, which is a sex offense against children or juveniles) and Article 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, and the defendant and his/her defense counsel argued that the defendant was in a state of mental disorder or mental disability by stating that he/she was unable to memory under the influence of the crime of this case. Thus, according to the evidence duly examined by the court, it is recognized that the defendant had drinking alcohol at the time of the crime, but the defendant did not have the ability to discern things

The above assertion by the defendant and his defense counsel cannot be accepted as it seems to be in a state or weak condition.

In light of the fact that the defendant committed the crime of this case against the victim who is a juvenile, the criminal liability of the defendant is not weak.

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