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(영문) 광주지방법원 2017.07.21 2016고합541
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)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

1. On December 2013, the Defendant violated the Child Uniforms Act: (a) placed the victim’s toy golf flick (mix 21.5 cm in length) with the victim E (the Defendant’s relative, the birth on May 2009, and the age of 4 years at the time) at the Defendant’s home of the third floor of the Gwangju Mine-gu, Gwangju, on the ground that the victim’s E (the Defendant’s relative, the birth on May 2009, and the age of 4) acted without a brush; and (b) placed the victim’s amblock on several occasions

As a result, the defendant committed physical abuse that causes bodily harm to the victim who is a child.

2. On May 28, 2016, the Defendant violated the Child Uniforms Act (child abuse) reported the victim’s own 604-dong 402-dong 604-dong 402 of the Defendant’s apartment house in Gwangju Mine-gu, that the victim’s her son and her son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and the victim son son son son son son son son son son son, the victim son son son son son son son son

As a result, the Defendant committed physical abuse that may injure the body of a child victim or harm the health and development of the body.

Summary of Evidence

1. Statement-recording CDs (125 pages for investigation records);

1. A written diagnosis of injury;

1. Ethic photo of the upper part of the wife;

1. Letters sent and received by the person to whom the crime was committed and the wife of the victim;

1. Toy golf photographs;

1. Application of the Act and subordinate statutes to the investigation report (as to the part for which the suspect A requested confirmation);

1. Article 71(1)2 of the former Child Reinstatement Act and Article 71(1)3 of the Child Welfare Act (wholly amended by Act No. 12361, Jan. 28, 2014); Article 71(1)2 of the Child Welfare Act (wholly amended by Act No. 12361, Jan. 28, 2014); Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 3 of the Child Welfare Act (wholly amended by Act No. 12361, Jan. 28, 2014);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against the violation of the Act on the Punishment of Children's Uniforms under Article 1 (1) of the Decree with heavier punishment);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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