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(영문) 서울남부지방법원 2019.11.29 2019고합320

Defendant shall be punished by a fine of KRW 10,000,000.

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


Punishment of the crime

The Defendant and the victim B (the age of 17) came to know through CKafbook “D” around December 28, 2018, and the Defendant’s home around December 30, 2018 to view the film.

On December 30, 2018, the Defendant: (a) around 15:00 on December 30, 2018, the Defendant: (b) 15:00, when the Victim was seated in the bed at the Defendant’s house of Guro-gu Seoul E-building F head; (c) placed the shoulder on his hand with his hand; (d) placed the Victim’s body in a manner that the Victim was pushed down; and (e) laid down the Victim’s body in a re-tight manner, laid down the Victim’s body into the part of the Victim’s entrance; and (e) laid down the Victim’s chest and buck that continued to be pushed down with the Victim’s chest and fluor by hand, the Victim’s buck and buck.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. The police statement concerning B;

1. A petition for complaint, and a list of reported cases;

1. Application of Acts and subordinate statutes to a criminal investigation report (record of telephone conversations between a suspect and a victim, and application of telephone conversations between the victim and the victim, CDs and investigative reports (the victim's age confirmation report);

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 criminal facts;

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

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

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

1. The fact that it is difficult to readily conclude that the Defendant had the same criminal records as that of the same kind of crime under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempt from disclosure order and notification order, is likely to have an effect of preventing recidivism even if the Defendant’s registration of personal information and the completion of sexual assault treatment program against the Defendant appears to have a certain degree of expectation, and that such order may be achieved compared to the disadvantages and anticipated side effects that the Defendant would suffer