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(영문) 인천지방법원 부천지원 2013.07.19 2013고합105
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 1. 19. 00:40경 부천시 원미구 C 앞 노상에서 길을 지나가던 피해자 D(여, 16세)과 피해자 E(여, 16세)에게 다가가 피해자 D의 팔짱을 끼고 ‘보지를 빨아줄게, 자지를 빨아주면 10만 원씩 줄게’라고 말하고 피해자들이 돈 필요 없다고 거부하자 ‘그럼 20만 원이면 되겠냐. 자지 빨아주면 30만 원 준다’고 말하며 D의 어깨와 손을 잡고, E의 어깨를 잡는 등 폭행으로 청소년인 피해자들을 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse against D with a more serious criminal situation];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

1. The main sentence of Article 21 (2) and Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing on the grounds of the proviso of Article 38(1) and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine to the defendant), which is exempted from disclosure order and notification order: The extent of the exercise of the tangible force by the defendant against the victims is relatively minor, the extent of the exercise of the tangible force by the defendant against the victims is relatively minor, the defendant has no criminal record other than a fine, the victim's family members have agreed with the victim's family members, and all other factors of sentencing as indicated in the argument of this case are considered, and the sentence is determined as per the disposition.

.personal information;

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