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(영문) 서울서부지방법원 2013.05.02 2013고합45
아동ㆍ청소년의성보호에관한법률위반(강간등)
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

At around 01:00 on September 11, 2012, the Defendant: (a) while running a computer game at the lower house of D’s branch located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant: (b) reported that D’s son E (17 years of age, female) was deep diving in the bed, and caused the Defendant’s sudden desire to do so; and (c) caused the Defendant’s abundance by putting the Defendant’s hand in the back and panty speed.

Accordingly, the defendant committed an indecent act by force against a juvenile victim who was unable to resist.

Summary of Evidence

1. Partial statement of witness E and the legal statement of witness D;

1. Application of Acts and subordinate statutes to E protocol of statement prepared by the police;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, the choice of applicable laws and punishment concerning facts constituting an offense;

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

3. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant, while dividing conversations from the victim's room on the day of the instant case, he only covered the victim with the right to divers and did not commit an indecent act against the victim as stated in the facts charged.

2. Determination

A. The following facts can be acknowledged according to the evidence mentioned above in the circumstances of the instant case.

1) A victim’s mother-child D was divorced from her husband and was living together with the victim and her children, which started with the Defendant’s school system and developed into a relationship with her husband. The Defendant visited D’s house from time to time to time during the school system and she was divingd in the room used by her women and her children. 2) The Defendant visited D’s house even on September 10, 2012, which is the day immediately preceding the instant case, and around 10:30, the victim was living in the room of the victim at around the same day.

Since then, the victim was able to talk about his career issues along with D and the Defendant, but until then, the Defendant was above.

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