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(영문) 서울동부지방법원 2016.02.15 2015고합385
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

From March 2, 2011, the Defendant served as a security officer at D elementary school located in Gwangjin-gu Seoul Special Metropolitan City as a security officer.

On October 29, 2015, the Defendant, while working in the above D elementary school security room on October 17:00, 2015, sent back to the victim E (W, age 11) who is a student of the above D elementary school due to the after-school school due diligence, and entered the victim's "Eat (Security Control room)."

"......." The damaged person is going to the front of the security room, and the injured person's hand, etc. is "................................................

The term “the victim” refers to “the victim’s face towards the victim through a sudden window, thereby having the victim’s crypt with the victim’s cryp.

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 protocol concerning each prosecutor's office or the police interrogation of the accused;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to the reporting on the commencement of internal investigation, response to a request for cooperation in each investigation, report on internal investigation (related to the specification of the suspected person), and photographs of measuring the security room of D elementary school;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. 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 an order to disclose or notify information, 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 Defendant has no record of punishment for sexual crimes before committing the instant crime, and the Defendant has completed personal information registration and sexual assault treatment programs.

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