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(영문) 광주지방법원 2018.07.13 2018고합189
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 07:00 on March 30, 2018, the Defendant committed an indecent act against the victim, who is a child or juvenile, by causing the victim D (a name, 16 years old, and female) who was seated next to the bus and was seated next to the bus, to have the bus stop located in the Gwangju-gu Round-dong, Gwangju-gu, Gwangju-gu, and going to a destination, while getting aboard the bus at the bus stop for destination. The Defendant committed an indecent act against the victim, who was a child or juvenile, by causing the victim D (a name, 16 years old, and female) to have buck up bucks and bucks down on the side of the bus.

2. On April 4, 2018, at around 07:20, the Defendant: (a) boarded the bus in order for the victim who suffered from forced indecent act to color the perpetrator along with his/her mother; (b) taken the Defendant’s face and clothes using a smartphone camera owned by the victim to collect the evidence when he/she discovered that the victim was the perpetrator; (c) taken the Defendant’s face and clothes; and (d) came out of the bus window by cutting his/her mother from the victim’s mother; and (d) the Defendant, upon being aware that he/she taken his/her horse, went out of the bus window by gathering the relevant smartphone; and (e) immediately left the bus stop in Gwangjubuk-gu, Gwangju; and (e) taken out the smartphone, she went away from the bus with his/her mother and her cellphone.

Accordingly, the defendant concealed one smartphone in the city owned by the victim, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss of the suspected victim's photographic body picture, C bus booms images, and photographs by capturing up the victim's photograph;

1. Application of Acts and subordinate statutes to a report on investigation (verification of smartphone owners);

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 366 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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