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(영문) 서울서부지방법원 2015.02.03 2014고합355
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol, had weak ability to discern things or make decisions, committed an indecent act on September 25, 2014 by force against a juvenile, such as drunkly drinking on the street before a scenic college church located in 117, Seomun-gu Seoul, Seomun-gu, Seoul, and drinking on September 25, 2014, and committing an indecent act by force against a juvenile, by taking the hand on the way, and taking the hand on the shoulder, taking the hand on the shoulder, and taking the breath of the alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by a judicial police officer C;

1. Application of each Act or subordinate statute of D, E, or F

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, the selection of applicable laws and punishment for the crime;

2. Article 10(2) and Article 55(1)3 of the Criminal Act for the Mitigation of Mental Injuries [Article 10(2) and Article 55(1)3 of the Act on the Mitigation of Mental Injuries [The defendant has drinking two times or more of the usual liquor at the time, the defendant was under the influence of alcohol to the extent that the body of the victim at the time was unable to reach a short degree, and the defendant, at the time when the victim's wife arrives at the scene due to the victim's report, was put on the floor where he was breath of the breath (the 22 pages of the investigation record). Although the crime of this case was committed at night, the defendant committed the crime in the situation where many witnesses, such as high school students, were in the vicinity of the 24-hour convenience store (Article 13 through 16, and 25 of the Investigation Record]

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

5. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. A defendant shall be subject to criminal punishment prior to the instant case, where he/she failed to issue an order of disclosure and notification.

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