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(영문) 대구지방법원 서부지원 2018.04.19 2018고합7
청소년의성보호에관한법률위반(청소년강간등)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, from July 2008 to August 2008, from the Defendant’s house located in Changwon-si Mapopo-si, Changwon-si, Changwon-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Ma

On the other hand, after coming up, the victim cannot be laid up from the next string to the two arms, who was sitting on the television, and then placed the victim's chest in one hand with a single hand and with a single hand, the victim's fingers.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. The facts charged in the instant case are crimes falling under Article 7(2) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009; hereinafter the same) and Article 298 of the Criminal Act, and cannot be prosecuted against the victim’s express intent under the proviso to Article 16 of the former Act on the Protection of Juveniles against Sexual Abuse. According to the written agreement attached to the trial record, it can be acknowledged that the victim expressed his/her wish not to punish the defendant on or around February 2018, the prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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