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(영문) 대구지방법원서부지원 2020.11.19 2020고합227
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 19:30 on June 6, 2020, the Defendant was on the 13th floor at the 13th floor of the Daegu-gun Apartment Complex Development Project, Daegu-gun (hereinafter referred to as the “victim”) and the elevator with 17 years old and getting off to the 1st floor.” The Defendant placed the Defendant’s right part of the Defendant’s body on the victim’s left part of the victim’s body, putting the Defendant’s face into the victim’s body, expecting the victim’s face, tightly pushed the Defendant’s face toward the victim’s face. Even though the Defendant got out of the elevator seat with the victim’s front part of the victim’s face, the Defendant turned the Defendant’s right part of the Defendant’s face into the victim’s left part of the victim’s face, sealed the victim’s face to the victim’s face, and led the victim to enter the elevator by avoiding the Defendant’s face.

The subject, the Defendant re-infringed the right side of the Defendant into the victim's left shoulder, and pushed the Defendant's face into close to the victim's face.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report of internal investigation (Evidence List Nos. 2) to the defendant's statement C

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 for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against orders to complete a program under Article 334 (1) of the Criminal Procedure Act;

1. Exemption from disclosure orders, notification orders, and employment restriction orders, and exemption from disclosure orders: Exemption from employment restriction orders under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The Act on the Protection of Children and Juveniles against Sexual Abuse;

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