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(영문) 대구지방법원 포항지원 2014.12.22 2014고합127
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

The Defendant is a person who operates “D” in North Korea-gu C at Port and Port.

1. No person who violates the Juvenile Protection Act shall sell to juveniles drugs harmful to juveniles;

Nevertheless, around July 23, 2014, the Defendant sold tobacco 2 A, “math ear-E” to juvenile E (n, 16 years of age) in the above D around July 2014.

2. The Defendant committed an indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse, by purchasing tobacco from the said victim E at the same time and place, and reporting that the said victim E purchased the tobacco at the front of the calculation unit.

The Defendant, who followed the victim, called “one met ......”, sent the victim’s right chest at his hand one time with his hand, and the victim’s body was licked to the entrance door to move out of the Schlage, and the victim’s her am was her am by the victim’s am.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. Article 59 subparagraph 6 of the Juvenile Protection Act, Article 28 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the number of concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum total of the amounts of the crimes above two crimes) among concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure notification;

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