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(영문) 대구지방법원 포항지원 2018.01.11 2017고합74
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

[2017 Gohap 74] On May 2, 2017, the Defendant discovered the victim E (V, 5 years old) on the front side of the “D Taekwondo Driving Institute” located in Nam-gu, Nam-gu, Seoul at port around 15:50 on May 2, 2017, and checked the victim’s face near the victim’s face, as the victim gets her arms by hand and she suffers with the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

[2017 Gohap 84] On August 28, 2017, the Defendant: (a) laid the H convenience store where G in Nam-gu F, Nam-gu, Seoul, was employed as an employee; and (b) cut off with 1,650 won of the market price owned by the victim’s name in the air conditioners, which was located in the air conditioners.

Summary of Evidence

[2017 Gohap 74]

1. E’s statement in video recording CDs;

1. Statement made to I by the police;

1. A report on internal investigation (a video recording for victims E), internal investigation report (a case of attaching expert opinion on the analysis of statement of victim), internal investigation report (no on-site photograph attached - CCTV attached), internal investigation report (a report on May 2, 17, a day on which the crime was committed) and investigation report (a report on the re-verification of witness of the other reporter);

1. Expert opinion (2017, 2017, 84);

1. Statement of the police statement related to G;

1. Investigation report (as to attachment of photographs), investigation report (as to the suspect A, details of handling reports, etc.) (as to the facts constituting a crime set forth in paragraph (1) of the judgment, the defendant is deemed to be disadvantageous to the victim E in relation to the facts

The fact is that there is no physical contact, but it is argued that there is no physical contact, and in relation to the crime of the crime of the No. 2 of the judgment, it is not a theft of 1 soldier per week, but has been brought to external wounds, and it has been repaid thereafter.

The argument is asserted.

However, with regard to the facts of the crime of Paragraph 1 of the holding, victim E consistently stated the facts of the indecent act from the criminal investigation agency to the defendant and the situation at the time of the prosecution, and the witness I's statement also conforms to the victim's statement, and G concerning the facts of the crime of Paragraph 2 of the holding.

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