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(영문) 춘천지방법원 영월지원 2015.12.17 2015고합33
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. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims C;

A. On June 22, 2015, the Defendant, at around 18:00, committed an indecent act against the victim, who is a child or juvenile, (13 years of age) at the next delivery of the D apartment unit of Gangseo-gu, Gangwon-gu, Gangwon-gu, Seoul, by reporting that the Victim C (13 years of age) walked by the victim, and that the victim met with his/her hand, as he/she was aware of the victim’s shoulder.

B. From June 25, 2015 to June 26, 2015, the Defendant 1-A between around 18:00 of the same month.

항 기재 장소에서 아동ㆍ청소년인 위 피해자가 걸어가는 것을 보고 피해자에게 다가가 손등으로 피해자의 가슴을 툭 쳐 추행하였다.

2. 피해자 E에 대한 아동ㆍ청소년의성보호에관한법률위반(강제추행) 피고인은 2015. 6. 30. 17:40경 강원 영월군 F에 있는 G사거리 인근 노상에서 아동ㆍ청소년인 피해자 E(여, 13세)이 걸어가는 것을 보고 기지개를 펴 듯 손을 들어 피해자의 가슴을 툭 쳐 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, E, and H;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant legal provisions and the choice of punishment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E with the largest penalty);

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. Articles 70 (1) 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 case in which the Defendant had no previous conviction in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification, and the instant case.

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