(영문) 서울서부지방법원 2013.04.04 2012고합474

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(영문) 서울서부지방법원 2013.04.04 2012고합474

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant: (a) around 18:00 on November 21, 201, the business line of the Mapo-gu Seoul underground “D No. D No. 3,” and (b) around 18:00 on November 21, 201, the Defendant reported the victim E (e.g., 14 years old) who was seated in a small wave near the calculation unit, and the victim’s friendship, and asked the victim to 200,000 won from the victim, etc.; (b) the victim was suffering from the victim in the order of the fact that the victim was the largest fest, and the victim was seated in the small wave; (c) the victim became the victim, and (d) the victim was the victim was the victim, and (d) the victim was the victim was the victim, and (e) the victim was the victim was the victim’s left hand, and (e) the victim took the right hand, and (e) the victim was the victim’s hand.

In addition, the victim's chest was delivered to the left hand with the victim's chest.

Accordingly, the defendant committed indecent acts against the victim by force.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Application of the Acts and subordinate statutes in which respective statements of witnesses E, F and G are written in the fourth trial record;

1. Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in this case, the choice of a fine shall be made) of the pertinent statutory provisions and the choice of a sentence on criminal facts (Article 457-2 of the Criminal Procedure Act) (Article 7(5) and (3) of the same Act on the Protection of Children and Juveniles against Sexual Abuse (Article 7(5) of the same Act) (Article 7(5) of the same Act on the ground that the principle prohibiting disadvantageous alteration is applied to a case for which the defendant has filed

2. Determination as to the defendant's assertion of discretionary mitigation under Articles 53 and 55 (1) 5 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing):

1. The date and time of the judgment on the summary of the claim, and the victim's scambling, more than the victim's scambling, the victim's scam was contacted, but there was no fact that the victim's chest was scambling, and there was no intention to commit an indecent act against the victim.

2. Prior to the determination, the following facts are recognized by each timely evidence:

참조조문

-청소년의 성보호에 관한 법률 제7조 제5항

-형법 제53조

-형법 제55조 제1항 제5호

-형사소송법 제457조의2

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