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(영문) 광주지방법원 순천지원 2016.02.04 2015고합197
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Criminal facts

On August 7, 2015, the Defendant, at around 03:00 on August 7, 2015, stayed in the Defendant’s house located in D, was the victim F (the 16-year old age), who is a female E’s relative, living together in the Defendant’s house, (the 16-year age) with this play, and carried out conversations with the victim, by placing the victim’s bucks inside the bucks located in the victim’s bucks.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the statutory statements made by witnesses F, G and H

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

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

1. The main sentence of Article 21 (2) 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. In full view of various circumstances, such as the Defendant’s family environment and social ties, the benefits and preventive effects expected by an order of disclosure or notification, and the disadvantages and side effects resulting therefrom, there are special circumstances in which the Defendant may not disclose or notify the Defendant’s personal information.

Defendant

Judgment on the Defense Counsel's argument

1. The defendant and his defense counsel asserted that the defendant's office room divided the conversation between the victim and the victim's male-friendly body and the victim's seat at the defendant's office room, but there is no fact that the victim's bucks did not meet.

2. The following circumstances revealing the overall purport of the evidence duly adopted and examined by this court, namely, ① the victim appeared at first to the victim’s seat, and the victim’s key fact to the effect that “the victim was faced with the victim’s right side after moving to the victim’s right side.”

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