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(영문) 인천지방법원 부천지원 2015.11.27 2015고합202
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

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

Reasons

Punishment of the crime

On October 8, 2012, around 23:30, the Defendant discovered that the victim D(s) and the victim E(s) were talked at the front side of the Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, 2012. While under the influence of alcohol, the Defendant tried to talk with the victim D’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

As a result, the Defendant attempted to commit an indecent act against the victim D, who is a child or juvenile, but committed an indecent act against the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, E, and D;

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act; Article 7(6) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act on the Protection of Juveniles against Sexual Abuse;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the hostage];

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. As to orders to complete programs, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. The proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), the proviso to Article 38-2(1), and the Addenda to Article 38-2(1) of the former Act (amended by Act No. 11572, Sep. 15, 201).

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