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(영문) 창원지방법원 통영지원 2018.11.01 2018고합93
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, at around 15:00 on April 3, 2018, at the victim E (11) and his/her natives, who had a stable in the D elementary school playgrounds located in Dong Young-si, Dong Young-si, Dong Young-si, Dong Young-gu, 2018, found the same axis to be defective.

The victim's friendship is required to do so in the middle of the playground, while he/she talks with him/her at the same time.

“The victim shall be asked about the victim’s question, and the victim shall be deemed to have been asked about the victim’s question, and the victim shall be deemed to have “the victim shall be additionally

“At the end, the victim’s sexual organ was exposed under the victim’s will and panty by making the victim’s sexual organ known.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each statement of E, F, G, I, and J;

1. Stenographic records;

1. A report on occurrence, each internal investigation report, and each investigation report;

1. 112 Reporting case handling table;

1. CCTVs and video CDs in a D school playground;

1. Application of each statute on 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. Penalty fine of 15,000,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following consideration has been made for a favorable reason for sentencing):

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for the same kind of crime, the degree of indecent act committed in the instant case is not severe, the risk of recidivism is likely to be low, and other special circumstances in which the Defendant is unable to impose an order to complete a program on the Defendant, taking into account the purpose and effect of the order to complete a program,

[Determination]

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification orders and employment restrictions orders;

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