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(영문) 제주지방법원 2017.08.10 2016고합152
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

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

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

Reasons

Punishment of the crime

On November 28, 2015, from around 21:00 to around 23:30 of the same day, the Defendant sold alcoholic beverages, such as alcoholic beverages harmful to juveniles, to 10 juveniles, including E (n, 17 years old) at the “D” restaurant operated by the Defendant in Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 59 Subparag. 6 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016) and Article 28 Subparag. 1 of the former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016) on criminal facts / [Selection of penalty]

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Facts charged;

A. On December 8, 2015, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) committed an indecent act against the victim, who was a child, in the “D” restaurant room operated by the Defendant in Jeju-si, using the gaps in which there is no other person, by making use of such gaps to the victim F (V, 17 years of age) who was a part of the victim, who was a child, was sexually injured by the victim with the wall, and the victim’s chest was flick with the clothes above, thereby committing an indecent act against the juvenile.

B. On December 9, 2015, the Defendant, in violation of the Act on the Protection of Children’s Juveniles from Sexual Abuse (compact) at around 17:00 on December 17, 2015, she: (a) sent d'B to the said victim F before the opening of the restaurant; (b) sent d'B to d'B before the opening of the restaurant, and (c) sent sing down the flick to her house.

On the same day from around 17:00 to around 18:00 of the same day, the victim's room, which is the residence of the defendant in Jeju City G, was induced to enter the victim by "I am stud at the same time," thereby going into the victim's room and studio. The victim who was waiting to sit in the bend of the bend while the defendant fasts the victim, was placed on the bend of the bend of the victim, was tightly string the victim's shoulder to reject and cause the string of the victim's body, and string the resistance against the victim, and walked the victim's name.

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