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(영문) 대구지방법원 포항지원 2018.05.03 2018고합9
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 6, 2017, the Defendant, at the waiting room located in Nam-gu, Nam-gu, Seoul on August 23:0, 2017, she saw the victim E (the 16-year old age), who was seated in the seat of the victim, but continued to follow the victim without any answer, and forced the victim, who was a juvenile, by going back his/her own arms, and going back to the door of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Voluntary accompanying reports (indecent acts by force, violations of the Punishment of Minor Offenses Act), reports on internal investigation (in case of interviews with victims E, etc.), and reports on internal investigation (in case of attaching field photographs);

1. 현장사진 [ 피고인은 피해자에게 집에 가라고 말하며 손으로 피해자의 어깨를 툭 건드린 사실은 있지만 피해자의 어깨를 감 싸 안지 않았다고

The argument is asserted.

However, the victim E consistently states essential matters concerning the background of indecent act from the defendant to the situation at the time of his/her prosecution, and there are no circumstances to suspect the credibility of the statement in light of the content and attitude of the statement.

According to the evidence duly adopted and examined by this court as well as the statements made by the victim, the facts of indecent act against the victim can be sufficiently recognized as stated in the judgment of the defendant.

Therefore, we cannot accept the Defendant’s argument.

Application of Statutes

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 relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant's age and age) of the exempted child from an order of disclosure and notification;

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