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(영문) 대전지방법원 2013.08.13 2012고합636
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Juvenile Protection Act: (a) while working as a captain at the “D” alcohol house in Seo-gu, Daejeon; (b) around April 6, 2012, at the foregoing alcohol house, sold the small liquor, which is a drug harmful to juveniles, to E (the age of 15).

2. Around April 6, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against a child or juvenile victim, who was under the influence of alcohol with the victim E (nive, 15 years of age) at the Seo-gu, Daejeon Special Metropolitan City Franra parking lot, on April 6, 2012.

Summary of Evidence

【Paragraph 1 of this Article】

1. Each legal statement of witness E and G;

1. Resident registration card [paragraph (2) on the market];

1. The defendant's partial statement in court (the eighth court date);

1. Each legal statement of witness E and H;

1. Judgment on the assertion by the defendant and his/her defense counsel

1. As to paragraph (1) of the judgment, the Defendant did not know that he was a juvenile, and the Defendant did not know that he was a juvenile.

(2) As to the provision of Paragraph (2) of the holding, the Defendant, while he was withing the victim E, was fluencing him with the victim, and he was fluently in contact with the victim, and did not have any intention to commit an indecent act.

2. Judgment on whether to violate the Juvenile Protection Act (paragraph (1) at the time of sale);

A. A. Along with the foregoing legal doctrine, a juvenile, including a juvenile, ordered the alcohol to enter a restaurant, and the juvenile sold the alcohol to the restaurant in a situation where it is anticipated that he/she would drink together with the daily alcohol. In fact, if the juvenile drank together with the daily alcohol, it constitutes a "act of selling the alcohol to the juvenile" under Article 51 subparagraph 8 of the former Juvenile Protection Act (amended by Act No. 11048, Sep. 15, 201; hereinafter the same shall apply). In this case, the juvenile's daily alcohol ordered the alcohol or calculated the alcohol value.

(2) The same does not apply to

(See Supreme Court Decision 2004Do3999 Decided September 24, 2004, etc.). B.

Judgment

this Court.

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