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(영문) 대구지방법원 2016.04.08 2014고합394
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 31, 2013, the Defendant 00:30 to 00:40 on March 31, 2013, at “D” restaurant located in Daegu-gu, Daegu-gu, Daegu-gu, “D” restaurant for children E (17 years of age) and drinking.

When the victim was drunk, the defendant was able to find a rest room at the same time, and was able to see the victim's residence on the second floor of 203 of the same building.

After that, the defendant added the body of the victim to the drafting of the victim, and put the victim's panty in the victim's panty and became the victim's sexual organ.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7(3) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a judgment of conviction becomes final and conclusive against the Defendant who has registered new information under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by a fine for a sex offense case against a child), the Defendant is obligated to submit personal information to the competent agency pursuant to Article 3 of the former Act on the Protection of Juveniles against Sexual Abuse (No. 11047, September 15, 201), Article 33(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1156, Dec. 18, 2012); and Article 43 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Sep. 15, 2011).

The reason for sentencing is that the defendant is under the influence of alcohol against the victim who is a child and juvenile in need of social interest and protection.

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