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(영문) 대구지방법원 포항지원 2018.12.06 2018고합83
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On August 5, 2018, around 14:40 on August 5, 2018, at the D convenience stores located in South-gu, Nam-gu, the Defendant met one time between the victim’s right chest and the winter.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A record of the E’s statement and recording recorded in a video recording CD;

1. Each statement of F, G, H, and I;

1. Domestic investigation reports (related to the preparation of a summary statement, etc. of the victim E), internal investigation reports (video recording of the victim E), internal investigation reports (DD CCTV images attachment), internal investigation reports (112 attachment of CCTV records), internal investigation reports (112 attachment of the report processing table), internal investigation reports (verification of the counter-statement by the reporter), report on internal investigation reports, submission of expert opinions on the victim's statement and submission of investigation reports (Attachment to the statement recording CD attachment); and application of statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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. In full view of the following circumstances: (a) the Defendant’s age, family environment, social relationship, degree of recidivism, the degree of risk of recidivism, benefits and prevention expected due to the instant disclosure and notification order, disadvantages and side effects, etc., the effect of preventing recidivism can be achieved only by means of the registration of personal information and the order to complete a program, as well as the registration of personal information in this case.

Since the personal information of the defendant can be disclosed, it should not be disclosed.

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