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(영문) 인천지방법원 2018.07.27 2018고합282
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

On July 14, 2017, the Defendant, around 01:30 on July 14, 2017, walked to the victim C (V, 17 years of age) (hereinafter referred to as the “victim”), who was living together with his/her day-to-day Hong-dong University, Mapo-gu, Seoul, and her day-to-day, performed drinking at the victim’s house together with the victim.

Since then, the Defendant got the victim to the Eelher in the same Gu, stating, “I am to move the victim to the Eela located in the same Gu, the Defendant called “I am to a short-term motor vehicle, a short-time motor vehicle, a short-time motor vehicle, a short-time motor vehicle.”

At around 03:10 on the same day, the Defendant: (a) intending to put the victim’s side interest with the victim’s own hand on a compulsory ground; (b) intending to put the victim into the victim’s side interest; (c) 2 times in the view of the victim; and (d) continuously sealed the Defendant, and send it to the Defendant.

(C) made the victims referred to in the phrase “assumed in the arms;

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 relevant criminal facts;

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

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, social relative relationship; (b) the process and consequence of the instant crime; (c) the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; (d) the prevention effect of sexual crimes that may be achieved therefrom; and (e) the effect of protecting the victims from sexual crimes, there are special circumstances in which the Defendant’s personal information may not be disclosed

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