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(영문) 창원지방법원 거창지원 2018.10.11 2018고합16
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 3, 2018, the Defendant, at around 09:10 on May 3, 2018, committed an indecent act by force against the victim E (the age of 18) who is an employee in the warehouse of the D convenience store operated by the Defendant, using both arms, and committing an indecent act against the victim in response to the view of the victim.

Summary of Evidence

1. Entry of the defendant in part of the trial record on the first trial by court;

1. Legal statement of witness E;

1. Recording records;

1. A photograph of the Ff course photograph and the closure of a text message;

1. Application of Acts and subordinate statutes to a investigation report (the location of damage), investigation report (the closure of convenience stores images and the closure of photographs);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, family environment, social ties, criminal record and the risk of recidivism, profits and preventive effects expected from an order to disclose or notify, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking into account the following circumstances: (a) the Defendant’s age, occupation, family environment, social ties, criminal record, and the risk of recidivism; (b) the disclosure or notification order; and (c) the disclosure and notification order;

[Determination]

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the defendant was aware of the victim's breath to get drinking water 2 bottled by the victim, and the defendant was aware of the victim's breath to get drinking water from the victim, and there was no intention to commit an indecent act against the victim, and there is no fact that the defendant was faced with the victim's view.

2. Determination;

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