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광주지방법원 2018.05.11 2018고합50
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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

On September 22, 2017, around 23:40 on September 2, 2017, the Defendant: (a) around women’s toilets located in the 1st floor of the next apartment building of the Gwangju Mine-gu, Gwangju, the Defendant: (b) opened the entrance door, opened the entrance door, and entered the said female toilet, following the victim’s back to the entrance; (c) opened the entrance, and (d) opened the victim into the said female toilet; and (d) opened the victim’s chest with the victim’s clothes, the Defendant laid the victim’s chest by gathering his hand with the victim’s clothes; and (d) continued to put his hand into the victim’s panty by gathering his hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Stenographic records;

1. Six copies of a photograph of the crime scene;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (the terminal or telephone call of a victimized child);

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

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 against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime before committing the crime in this case) of the child exempted from the disclosure order and notification order, and thus, there is a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to readily conclude, the registration of personal information on the defendant, and the completion of sexual assault treatment programs can secure the effectiveness of preventing recidivism to a certain extent.

When considering the fact that the disclosure order and notification order are seen to be relatively less than the disadvantages and expected side effects that the defendant may suffer, the effects of sexual crime prevention, etc. can be achieved due to them are considered to be less.

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