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(영문) 대구지방법원 2013.05.24 2012고합752
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 1, 2012, at around 22:00, the Defendant: (a) considered that the victim D, who is a juvenile, was married in front of the Daegu Northern-gu C house; (b) asked the victim “A few academic years of age;” (c) the victim asked the victim “the second grade of high school”; (d) stated that “the victim was “the second grade of high school”; (c) much male experience is high; (d) the victim has a large number of experience; (d) the sexual relationship should be valuated; and (e) sexual intercourse should be humbbbbbbbbbbs; and (e) humbbbbbbbbbs should be put in the ma of the victim who was not fright and frighted; and (e) made an indecent act by force by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement made by the victim D in the video recordings;

1. Application of Acts and subordinate statutes to the certificate;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense against a child or juvenile who has registered personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 34

However, since a fine is imposed, it shall not be ordered to disclose or notify registered information pursuant to the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant and the defense counsel’s assertion that “I am difficult for a woman who is not a student at the time when the facts constituting the crime in the judgment below are recorded.”

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