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(영문) 수원지방법원 안산지원 2013.10.18 2013고합247
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 13, 2013, 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 the victim by taking the victim D (16 years of age) out of the alley in Ansan-si C at Ansan-si around 23:50 on June 13, 2013 by reporting the victim D (the victim D, 16 years of age).

2. 상해 피고인은 제1항 기재 일시 및 장소에서 위 피해자에게 붙잡힌 후 피해자 앞에서 무릎을 꿇고 잘못을 빌던 중 피해자가 경찰에 신고를 하겠다고 하자 겁이 나 도망가려 하면서 피고인을 잡고 있던 피해자의 손을 뿌리치고 밀쳐 피해자를 바닥에 넘어뜨려 피해자에게 치료일수를 알 수 없는 무릎 부위 및 손목의 살갗이 벗겨지게 하는 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. Application of Acts and subordinate statutes to photographs of the victim's DNA injury, CCTV photographs on the site of the case, written confirmation of medical treatment (victim D), investigation report (to listen to the victim's telephone statement - None of the agreement);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 257 (1) of the Criminal Act (the occupation of injury and the selection of fines) of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment);

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. According to Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012), and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime of this case committed on the grounds of sentencing, is committed by the Defendant, who, going through the street, lets female juveniles go through, and forced them to go into his/her hands, and the victim commits an indecent act.

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