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(영문) 광주지방법원 2014.03.27 2013고합515
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Criminal facts

On October 21, 2013, at around 21:05, the Defendant: (a) visited the victim’s D (L, 17 years of age) who is a child or juvenile with whom people gather to view the performance in front of the competent manager of the 7080 shock festival in Gwangju-gu, Gwangju-gu, and was forced to commit an indecent act by force against the victim, by approaching the victim’s knife, who was a child or juvenile who reported a public performance of 1020 billion won.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes on witness E and D's statutory statements;

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 criminal facts;

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

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Although the summary of the defendant's and the defense counsel's assertion was between the place of "Jind 7080 shock festivals" held in Gwangju Dong-gu, Gwangju, the defendant's facts stated in the facts of the crime, there is no fact that the victim's her her her tumb

2. The following circumstances acknowledged by each evidence duly adopted and investigated by this court, namely, ① the victim made a concrete and detailed statement about the experienced at the time of the instant crime from an investigative agency to this court; ② the Defendant, along with E, who was a witness on the date indicated in the facts constituting the crime in the judgment, went to the competent authority for the purpose of drinking alcohol; ② the victim was identified as the offender of the instant crime; ③ the victim was arrested at the place near the scene of the crime; ③ E made a statement that he was flad with the Defendant at the time, and the Defendant was identified as the offender and became a police officer together with the police officer.

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