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(영문) 의정부지방법원 2013.10.25 2013고합387
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is a driver of the E Institute of English Driving Schools in South Yangyang-si, the Republic of Korea, and the Victim F (V, the age of 12) is an elementary school student in the sixth grade.

The Defendant is willing to commit an indecent act against the victim by taking advantage of the situation in which the victim, who gets on board a driving school and house operated by the Defendant, does not refuse the request of the Defendant;

1. On July 25, 2013, around 18:30 on the road located in G on the Namyang-si, Namyang-si, where the victim left a part of the vehicle in the same driving school, the victim who was sitting down subsequent to the driver's seat turns his hand and turns out the bucks of the victim one time, and

2. At around 18:30 on July 26, 2013, the 18:30 on the part of the victim, the knee of the knee of the knee of the knee of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne of the kne.

Accordingly, the Defendant committed an indecent act on two occasions against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A report on investigation (the confirmation and analysis of motor vehicle parking records);

1. Investigation report (verification of audio contents);

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The fact that a defendant has no power to commit the instant crime without any identical type of crime under the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempt from disclosure and notification orders, is presumed to have reached

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