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(영문) 부산지방법원 동부지원 2014.06.20 2013고합249
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

From around 2009, the Defendant, who operated the d’dibbbing house in Busan Ygu C, worked as the breabing house from around 2009, and the victim F, from around 2012, served as the breabing household from around 2012.

1. On July 2012, 2012, the Defendant: (a) obstructed the victim’s brea while packaging breab in the said “D” house (at the time, 15 years old); and (b) committed an indecent act by force against the juvenile victim by wrapping the victim’s breath.

2. On January 2013, 2013, the Defendant committed an indecent act by force against a juvenile, by taking the shoulder of a victim (at the time, 16 years of age) who packages a bread in the said “D” house as his/her hand, and by taking the brupt with the string of the brush, and by spreading the brush.

3. On October 29, 2013, around 19:30 on October 29, 2013, the Defendant: (a) kiddd the victim (here, 17 years old); (b) kid the victim’s entrance; (c) kids the victim; and (d) kids the victim’s knick with her k's k's k

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. A criminal investigation report (active Kakao Stockholm messages), a criminal investigation report (line phone search for witnesses), and a criminal investigation report (field photographs);

1. Application of the Act and subordinate statutes to the suspect's transmission Kakakao Stockholm photographs, video recording CDs, on-site photographs (Chapter II);

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Feb. 1, 2012); Article 298 of the Criminal Act (amended by Act No. 11287, Jul. 1, 2012; hereinafter referred to as “indecent act by compulsion”); Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse (the selection of fines)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse on October 29, 2013] among concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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