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(영문) 서울중앙지방법원 2011.08.18 2011고정3842
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 17, 2010, the Defendant, within his own vehicle parked in the parking space near the Yangdong subway Station in Seocho-gu Seoul Metropolitan Government, committed an indecent act by force against the victim by forcing the victim by drinking the victim B (the 14-year-old juvenile), who was sent through the Internet hosting, and by drinking the victim’s chest who was seated on the top of the Gap himself.

2. On May 19, 2010, the Defendant committed an indecent act by having the victim feel sexual humiliation by having the victim feel sexual humiliation at the same place as Paragraph 1., and by having the victim feel sexual intercourse with the head of the vehicle, even though the victim was going in company with the head of the vehicle, the Defendant committed an indecent act by having the victim feel sexual humiliation.

3. Around 03:00 on May 23, 2010, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act on his/her own vehicle parked in the vicinity of subway Dowing Station in Dobong-gu Seoul Metropolitan City, Dobong-gu, Seoul, and by inducing the victim out of the vehicle to commit an indecent act by forcing the victim to commit an indecent act.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, such as Defendant currency;

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. Article 298 (Selection of Penalty Surcharge)

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

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;

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