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(영문) 수원지방법원 안양지원 2019.03.22 2018고합172
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 21, 2017, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Suwon District Court on December 21, 2017, and the judgment became final and conclusive on December 29, 2017.

【Criminal Facts】

On September 2, 2012:30 on September 2, 201, the Defendant exceeded the panty of the victim F (the age of 16) who lost his mind by drinking out B apartment C apartment C, B apartment C, 18th, and E, and found that he committed an indecent act by inserting fingers into the part of the victim's drinking, and committed an indecent act, and found the victim's sexual organ into the part of the victim's drinking body, and found the victim's sexual organ into the front part of the victim's sexual organ, and found the victim's sexual organ into the front part of the victim's sexual organ, and found the victim's sexual organ from the front part of the back.

As a result, the defendant committed indecent acts by taking advantage of the victim's inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G and E;

1. The same case as the result of the DNA identification information search, and the current status of the same person as the result of comparison with the DNA;

1. Before and after ruling: Application of criminal history records, reference reports, investigation reports, and Acts and subordinate statutes;

1. Article 7 (4) and (3) of the former 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 299 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure orders and notification orders, the proviso to Article 38 (1), the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and children and juveniles;

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