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(영문) 수원지방법원 안양지원 2020.06.05 2020고합35
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

The defendant is a person who operates a cartoon room with the trade name "D" in the militaryposi B and C, and the victim E (n, F) is a person who works for a cartoon room in the above cartoon room.

1. On December 25, 2018, the Defendant: (a) committed an indecent act by force against the victim, who was a child or juvenile, by following the victim’s back-of-the-counter strings near the cartoon room around December 25, 2018.

2. On January 2019, the Defendant committed an indecent act by compulsion by force against the victim’s knife, following the victim’s knife, dividing the conversations with other knife in the vicinity of the above cartoon room, which was committed by force against the victim’s left side knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

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

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 prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, which are heavier than the punishment];

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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