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(영문) 전주지방법원 2016.11.24 2016고합141
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a deaf-mute with hearing disability of Grade II while attending the third grade of C Schools.

On June 26, 2016, at around 14:10, the Defendant: (a) discovered the victim F (the age of 15) who was seated along the middle seat path while getting in the cross-country bus sub-city D at the sub-city bus sub-city D, Jinjin-gu, Jinjin-gu, Seoul.

The Defendant, while leaving a passage, was seated next to the victim, was able to see the front part of the left part of the victim's hand, which was revealed under the front part of the victim's arms, with the Defendant's hand, and the victim refused to do so with the Defendant's hand, and again, was rhyd down with the same part over several times over the same hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of the police with respect to the F;

1. Application of the Acts and subordinate statutes to capture photographs of damaged parts of the victim and the image data of the front-North Korean bus;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the selection of fines concerning the crime;

1. Articles 11 and 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

1. Article 2 and Article 60(2) of the Juvenile Act, Article 55(1)6 and Article 55(2) of the Criminal Act (Inasmuch as the accused is deemed to be a juvenile in view of its characteristics, it is recognized that the accused is a juvenile);

1. Article 53 or 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is deemed to have a special reason to impose an order to complete a program on the ground that it is difficult to expect that he/she will normally perform such order because he/she has a disability of class II with hearing impairment);

1. Children or juveniles exempt from the disclosure order and notification order;

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