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(영문) 창원지방법원 진주지원 2015.04.23 2015고합21
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

1. 피고인은 2014. 9. 14. 17:28경 경남 남해군 C에 있는 D 편의점에서 종업원으로 일하는 피해자 E(18세, 여)에게 욕정을 품고 물품을 구매한 다음 거스름돈을 받으면서 피해자의 손을 강제로 움켜쥐고, 계속하여 손가락질을 하면서 좌측 손가락으로 피해자의 손목부위를 툭, 툭 건드리는 등으로 피해자를 강제로 추행하였다.

2. On September 14, 2014, around 18:18, the Defendant committed an indecent act by force against the victim F (hereinafter referred to as “victim”) on the following grounds: (a) with his / her humf with a humf with a humf and humf with his/her mumf with humf at the victim’s pum

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. Application of Acts and subordinate statutes to the police statement of victim F;

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 selection of applicable laws and punishment for the crimes;

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 the punishment determined for a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the victim F with heavier criminal standing);

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. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The extent of each indecent act in the instant case under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is relatively limited, and the Defendant has no record of criminal punishment prior to each of the instant crimes, and in the instant case, it appears that the completion of personal information registration and sexual assault treatment programs can expect the effect of preventing recidivism by the Defendant.

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