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(영문) 부산지방법원 2017.10.27 2017고합365
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 June 8, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the victim by putting his/her her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

2. The Defendant, on the date and time set forth in paragraph 1, assaulted the victim E (the 17 years old) who resisted the Defendant’s forced indecent act against the Defendant’s forced indecent act in the land bridge connected to F basin 2 as seen above, and was scambling with the victim’s left side, by scambling the Victim E (the 17 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E’s statement contained in the statement recorded CDs;

1. Stenographic records of E;

1. The application of Acts and subordinate statutes on internal investigation reports, each investigation report, each site picture, each CCTV photograph, each CCTV CD (netly 8,17), notification to the reported department of the case, replies (verification of card users), and the application of field photographs;

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 260(1) of the Criminal Act concerning criminal facts (the point of assault and the choice of fines)

1. Aggravation of concurrent crimes with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that it is aggregated with the maximum amount of two crimes];

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [record].

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