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(영문) 수원지방법원 안산지원 2015.05.08 2014고합408
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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

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

Reasons

Punishment of the crime

Defendant

In addition, the person requesting probation order (hereinafter referred to as the "defendant") committed each indecent act against the victims who are children or juveniles as follows in a state that they lack the ability to discern things or make decisions due to high recognition disorder caused by cerebral blood, etc.:

1. On September 25, 2014, around 13:50 on September 25, 2014, the Defendant walked her horses to female students from middle school who seed themselves as organizations in the Jung-gu Incheon Special Metropolitan City’s Free Park, and her son her son her son her son with her son’s her son with her son’s her son with her son’s her son with her son’s her son’s her son with her son’s her son’s her son with her her son’s her son, etc.

2. On September 30, 2014, around 21:00, the Defendant: (a) approaching the victim E (n'e, 14 years of age) who is enjoying a slater in the lives framework in the 1stmpic park of the first children’s park in light of the view that the Defendant would give a hysium to E; (b) in his hand, the hysium of E was met; and (c) E was replaced by ppuris, hys, and hysium of E.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement to C, D, and E;

3. Application of each statute of F, G, H, I, J, K and L

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 the selection of applicable laws and punishment for the crimes;

2. Legal mitigation under Articles 10 (2) and (1), and 55 (1) 6 of the Criminal Act;

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

4. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

5. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. Where the accused under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from an order to disclose or notify registered information, lacks the ability to discern himself/herself or make decisions due to highly cognitive disorder.

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