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(영문) 창원지방법원 진주지원 2019.08.22 2018고합178
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On November 2, 2018, the Defendant started the Jeju Airport on November 16:15, 2018, and started to flyed to the Scheon Airport, reported the victim C (hereinafter referred to as 16 years old) who was seated by the Defendant, and was in a manner to commit an indecent act against the victim, and brought the victim's hand to the buckbucks of the victim, and led the victim's hand to the bucks.

Accordingly, the Defendant committed indecent act against the child or juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by witness D, E, and C (tentative name) (the defendant and his defense counsel did not know buckbucks by the victim, and even if the defendant's hand contacted the victim's body, this is alleged not to have the victim's intentional act but to have caused the defendant's body in the process of moving the victim's body without intention. However, the victim made a statement that the defendant left the victim's hand concretely and clearly, and it is difficult for the defendant to make a statement without direct experience, such as clothes retail color in which the defendant was put, and the credibility of the statement is recognized. In particular, it is difficult for the defendant to know the fact to D that he was seated immediately after the damage, and the victim would not make a false statement to the defendant disadvantageous to the defendant. Thus, the above argument is not accepted).

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

1. Where a conviction is finalized against a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse on the Registration of Personal Information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases

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