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(영문) 서울중앙지방법원 2013.08.23 2013고합647
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 2, 2012, the Defendant: (a) around one week prior to the D Station located in Dongjak-gu Seoul Metropolitan Government, and (b) committed an indecent act committed by the victim F (the age of 19) who was the head of the family room in the number of five stories in the 5th unit, and was trying to sleep in the 1st unit, with the victim F (the age of 19 and South) who was the head of the family room in the 5th unit in the Dongjak-gu Seoul Metropolitan Government, by stating that the victim’s hand is limited to the part of the victim; and (c) that the victim’s body is "not adequate for the victim who was flading his body to avoid this," which means that the victim’s life is "not adequate for the first, because he was actively divided into the forces of the son, or that the victim who was unable to resist was able to leave the victim’s sexual flag, buck, and her vessel continuously repeated from

Accordingly, the Defendant committed indecent acts against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Details of letters sent to the victim by the suspect;

1. Application of Acts and subordinate statutes to investigation reports (specific related to the date of damage);

1. Before wholly amended by Act No. 11572 on December 18, 2012, Article 11 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the provision applicable to the relevant criminal facts and the provision applicable to the selected punishment;

(a) The same shall apply;

Article 7(5) and (3) of this Act, Article 298 of the Criminal Act (Selection of Fine)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of a case involving the registration of personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant is obligated to submit personal information to the competent authority pursuant to Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012) and Article 43

1. Reasons for sentencing.

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