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(영문) 서울중앙지방법원 2019.07.10 2019고합78
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2018, the Defendant and the respondent for the probation order (hereinafter “Defendant”) committed an indecent act by force against the victim, who is a child or juvenile, by holding the victim C (a family name, leisure, 14 years old) seated at the right side of the three-story educational institute of the Seoul Gangnam-gu Seoul Building at the 3rd floor of the Seoul Gangnam-gu Office from May 17:0 to 19:00 on the second week. The Defendant and the respondent for the probation order (hereinafter “Defendant”) moved to the right side of the victim, who was the student who was directed, and committing an indecent act by force, by holding the victim as aground on the part of the victim’s right side buckbucks.

2. On June 27, 2018, from around 17:00 to around 19:00, the Defendant: (a) reported that the said victim took charge of growing his/her timber and laid down his/her surrounding land; and (b) provided that “I do not have good condition to sit, so I do so”; (c) met the part on the upper part of the victim’s upper part of the victim’s bed with one hand, such as the fore part of the victim’s wind frame, and the fore part of the victim’s bones, with another hand, she laid down the victim’s bed; and (d) laid down the victim’s bed by hand, the victim’s humth from around his/her upper half to around his/her chest; and (d) committed an indecent act by force against the victim, who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. The victim's video recording CD, stenographic records, or the victim's lecture room posting table of the school in which the victim pertains;

1. 고소장, 피해 당시 착용 옷 사진, 피해자의 몸에 손을 댔던 위치 사진 법령의 적용

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) around June 27, 2018, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act that aggravated concurrent crimes.

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