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(영문) 대전지방법원 천안지원 2018.02.14 2017고합253
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

On September 20, 2017, the Defendant: (a) at the D Park located in the front of the C Apartment Management Office of the Asan City, on September 17:00, 2017, the Defendant defective the “spawn game” for a victim E (a person aged nine) who had spawned a seed and falls late on the next floor, and then falls late on the floor. In the game, the Defendant would bring KRW 1,000 on a spawn game.

Any person on behalf of another person shall be punished by penal provisions.

The proposal to the effect that "" is to be made, and the victim and the victim's friendly arrest F, together with the victim's friendly arrest F, made the victim's scam scam to fall on the latest floor, and made the victim scam to be placed on the scambling off "hick" penalty in the penal provisions, and then scam the victim's body behind and behind the victim's body by scaming the victim's scam scam on the victim's body, scambling the victim's scam, and scambling the victim's sexual organ into the scam of the victim's body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The statement made by the victim E in video recording CDs;

1. Statement made by the police with regard to F;

1. Application of each CD-related statute to each photograph, field map, and CD-related statute;

1. Relevant Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective 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 (see, e.g., Articles 53 and 55(1)6 of the Criminal Act (see, e.g., factors for sentencing that are favorable

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the order to disclose and notify the registered information) shall have a significant impact on the defendant.

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