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(영문) 서울중앙지방법원 2013.11.20 2013고합1002
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 6, 2013, at around 23:15, the Defendant: (a) reported that the victim D (the 16-year old), E (the 16-year old), and 16-year old-age) sits in the front of the Bara's stairs in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) subsequently, the victims were able to sit in the front of the said Bara's stairs; (c) “I am the marg, depending on the marg, the marg, the knar, the knar, the knarb, and the knarg, the knarg by hand of the victim; (d) as the knarbbbbbbbbbbs and the harg of the victim E, the victims were forced by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on records of each victim's protocol to D and E;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against D with a heavier penalty];

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. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information, as the former proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine to a defendant), the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to a competent authority pursuant to Article 5(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43 of the

1. Reasons for sentencing.

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