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

피고인은 2019. 12. 17. 15:34 경 부천시 B에 있는 C 편의점 앞 골목에서 피해자 D( 가명, 여, 12세 )에게 ‘ 마 이쭈 ’를 주려고 하는 것을 피해 자가 거부하자, 오른손에 들고 있던 ‘ 마 이쭈’ 로 피해자의 오른쪽 가슴을 2~3 회 누르고, ‘ 마 이쭈 ’를 왼손으로 옮긴 뒤 오른쪽 손바닥으로 피해자의 오른쪽 가슴을 4회 더듬는 등 추행하였다.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a crime (voluntary indecent act), internal investigation report (including the process of receipt of a report), investigation report (to analyze and search for CCTV images), CCTV image analysis photographs, etc., investigation report (C convenience point CCTV image analysis (2)), each investigation report (C convenience point CCTV analysis), and photographs, investigation report (the place of crime occurrence), photographs of the scene of a crime ( external investigation: the place of crime occurrence), investigation report (the phone conversation with the victim of the E elementary school), investigation report (the fact of forced indecent act: the re-verification of the fact of forced indecent act);

1. Records of statements made by victims;

1. Statement assistance report and statement and analysis opinion;

1. Application of Acts and subordinate statutes to CCTV images for crime prevention, CD reproduction of convenience points video CDs, and viewing results (Evidence List 4,16);

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, the selection of fines, and the selection of fines

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

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

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);