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(영문) 대구지방법원 포항지원 2015.01.12 2014고합122
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal power] On April 21, 2014, the Defendant was sentenced to a suspended sentence of three years and six months in imprisonment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the port support of the Daegu District Court. The judgment became final and conclusive on September 30, 2014.

【Criminal Facts】

On July 2014, the Defendant was on board the city bus No. 130 in the front of the five-year long-distance complex in the north-gu 117 at the center of the Seocho-gu, the Defendant was on board the city bus at 117, and was seated on the left side of the victim C (the age of 17). The Defendant was on the part of the victim’s hand to commit an indecent act on the part of the victim, and the part of the Hebbbbbbbbs down under the victim’s laps, and the Defendant was on the part of the right labs, with the face of five hand.

Therefore, when the victim said that the victim “dle.” was the victim, the defendant tried to talk with the victim by asking the victim's age, and the victim re-sprinked to the right hand of the victim, which led to the victim's bucks.

The Defendant committed an indecent act against the victim in a route bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The age, risk of recidivism, the kind and motive of the instant crime, the process of the instant crime, the seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, and the prevention of sexual assault crimes subject to registration which may be achieved due to such order.

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