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(영문) 의정부지방법원 2020.01.17 2019고합306
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

To the extent that the defendant's defense right is not substantially infringed, the phrases of the facts charged were revised according to the results of the examination of evidence.

At around 17:50 on August 20, 2019, the Defendant sought the method of using singing machines from female students at the second floor E of the D Building D in Yangyang-si.

When the above female students met, the victim B (n, 16 years of age) who was in the place of bed, attempted to exchange D and the defendant, and informed the defendant of the law that operates the singing machine by entering one assigned by the defendant.

While waiting for the completion of the preparation for the use of the above machinery, the Defendant laid the victim's muck with her butt, seated the victim next to the her while waiting for the use of the above machinery, and later her hand made use of the victim's bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. A written statement;

1. Voluntary report (excluding part of statement made by a victim), and 112 report handling statement;

1. Application of 10 copies of a photograph to a visual closure;

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 criminal facts;

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;

1. 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 exempted from disclosure and notification orders;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

1. Determination as to the assertion by the accused and the defense counsel under Articles 25(1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Declarations of Provisional Execution

1. Summary of the assertion

A. The Defendant only requested the victim to assist with Japanese singing, and the part of the victim’s her mar.

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