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(영문) 서울서부지방법원 2018.06.15 2017고정1073
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On April 10, 2017, at around 03:25, the Defendant committed an indecent act against the victims of juveniles by means of “C”, “C”, “A victim D (n, 17 years old) and E (n, 16 years old) who was seated in the stairs before the store, thereby destroying and approaching the victim’s arms and chests, putting the victim’s hand on the shoulder, and putting the said D’s shoulder back to the shoulder, making the victim’s knife and the knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

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 crime.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is obligated to submit personal information to the competent agency pursuant to Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The judgment on the assertion that the Defendant did not issue an order to disclose or notify the personal information of the Defendant pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against whom an order to disclose or notify is exempted.

1. As to the assertion that an indecent act is not an indecent act, the evidence reveals that the defendant's degree of writing his arms or descendants on the part of the victim's chest was sufficient to touch the other party's chest or to cover the face of the other party and the defendant, and then, it can be acknowledged that the victim's chest side was tight, and the defendant and the victims discovered the victims who were seated in the long distance and provided several Maddi dialogues with the victims at night.

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