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(영문) 대전지방법원 2018.12.07 2018고합412
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 25, 2018, around 19:40 on August 25, 2018, the Defendant found OO (n, 10 years of age) of the victim who was playing in front of the Daejeon Dong-gu apartment B apartment C, Daejeon-gu, Daejeon-dong, Daejeon-dong, and found her kisk.

The victim was "weld" and the victim "welve."

Even though "the victim was the victim's hand, he was the victim's hand and was the victim's hand."

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

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the examination of suspect of the defendant;

1. Afforestation stenographic records made by victims;

1. Written statements of D;

1. Statement and analysis opinion;

1. Details of report on internal investigation and report on 112 case;

1. Application of statutes on field photographs;

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. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to the assertion that the defendant's act does not constitute an indecent act and does not constitute an intentional act and that there is no intention to commit the act

A. Although the gist of the assertion is acknowledged that the defendant was suffering from the victim's hand, it cannot be deemed that the defendant's physical contact with the victim's 10 years of age with the victim's hand constitutes an indecent act that causes a sense of sexual humiliation, due to an act that causes the victim's drinking, while other people report in the open play place. The defendant did not have the intent to commit an indecent act against the victim.

B. Determination 1) Indecent act means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom, and is an indecent act.

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