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(영문) 수원지방법원 성남지원 2018.11.29 2018고합166
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) committed an indecent act by a defendant on December 7, 2017, at C play area located in Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, by making the victim D (a person, knee, knee, ekne, ekne, ek, ek, ek, knee, knee, kne, and knee, kne part of the victim by force.

2. The Defendant, at the time, and at the place specified in paragraph 1, committed assaulting the victim E (at the age of 7 years) to return enormous sugars to the Defendant, who is the Defendant, and assaulted the victim’s head once due to enormous sugars.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The statement made in D in the victim's video recording CDs;

1. Written statements of D, E, and F;

1. Investigation report (verification of on-site CCTV);

1. Application of Acts and subordinate statutes to the processing table, photographic records (CCTV), and photographic records (fields);

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 260(1) of the Criminal Act and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 59 (1) of the Criminal Act (limited to a punishment for which a suspended sentence is suspended: 15 million won per day, and 100,000 won per day);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (except in extenuating circumstances where an order to complete programs cannot be issued in light of the health status, etc. of a defendant) ;

1. An order to disclose or notify information, or an order to restrict employment, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no same criminal record, and the defendant is expected to have an effect to prevent recidivism by registering personal information of the defendant

The defendant appears otherwise.

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