logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.07.12 2013고합7
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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 is a person operating the D party hall in Daegu Dong-gu, and the victim E (n.e., 16 years of age) is a person working for the party hall from 18:00 to 04:00 on the following day at the above party hall.

1. At around 23:00 on March 2012, the Defendant 201: (a) 23:00 on the lower end of the lower end, the Defendant saw the part of the victim, who was on a computer, to the bet the bet the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet

2. On April 2012, the Defendant: (a) around 04:00 on the date in the middle of 04:0, the Defendant: (b) put the victim’s bucks, which had been computer as above, into hand, committed indecent act by force against the juvenile, by inserting the victim’s bucks, and making the victim’s bucks inside the bucks.

3. On April 2012, the Defendant, at around 23:00, committed an indecent act by force against the victim, who was a juvenile, by inserting hand to the upper end of the victim’s bat, who was on the computer as above, at the lower end of the lower end of 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to E of the prosecution statement protocol;

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 concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in Article 3 of the Judgment with the largest offense) shall be applicable;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the argument is that the defendant has been on the job when he entered the party room.

arrow