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(영문) 부산지방법원 동부지원 2018.12.18 2018고합170
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On July 14, 2018, 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 D (the age of 17) who reported a performance and divided a conversation with the performance in front of C in Busan Shipping Daegu, Busan, on July 14, 2018.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. A special assault Defendant: (a) committed an indecent act against D at the time, time, and place specified in paragraph 1, and (b) committed assault against the victim, who was working as a performance-related person in the surrounding area, to avoid the job from the victim E (the 17-year-old person) who was in a performance-related relationship; and (c) committed assault against the victim, who was a dangerous object cited on the ground that the victim’s face was obstructed.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each statement prepared by the F, G, H, I, and J;

1. Each investigation report (the sequence 1,10 in the list of evidence);

1. Application of attached photograph Acts and subordinate statutes;

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 Articles 261 and 260(1) of the Criminal Act (the occupation of special assault and the selection of fines) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall not exceed the aggregate of the maximum amounts of the crimes specified for the offense of violating the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment and the aggravated punishment for the crimes above two crimes);

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

1. The exemption of the Defendant from the order to complete a program under Article 334(1) of the Criminal Procedure Act shows symptoms, such as Galz’s disorder, network disorder, and degradation of memory due to Alz’s disease.

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