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(영문) 대전지방법원 서산지원 2014.03.20 2013고합88
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Criminal facts

On September 25, 2013, around 22:30 on September 25, 2013, the Defendant discovered that the victim D (at the age of 18), who is a child or juvenile, sees a mobile phone before the entrance of the Crain-si 3rd at the street, she walked on the cell phone, and then saw the victim's neck into his/her left arms, and committed an indecent act by force by making the victim's left chest only once with his/her hand.

Summary of Evidence

1. Statements made by a defendant in part of the first protocol of trial (the date and time of entry of facts of a crime and the purport that there are the names of victims facing each victim in the place);

1. Statement made by witnesses D in the third protocol of the trial;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to report internal affairs (Attachment of photographs), investigation reports (Attachment of criminal scene photographs, attachment of photographs of victim Kakao Kakao Stockholm photographs, hearing reports on the victim's eline statement);

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

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Article 50 (1) 1, (4), and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In a case where a judgment of conviction is finalized against the instant criminal facts of this case, the Defendant who registered personal information of this case under Article 334(1) of the Criminal Procedure Act is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the assertion is the fact that the defendant walked along with the victim at the time and place of criminal facts, but there is no fact that the victim's timber or chest was concealed.

2. The victim was consistently determined by the court and the investigative agency.

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