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(영문) 서울서부지방법원 2019.05.23 2018고합372
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 19, 2018, at around 08:49, the Defendant: (a) followed by the victim C(7 years of age, and family name) who is attending school in Eunpyeong-gu Seoul, Seoul, about September 19, 2018, “I would have to answer to the victim if I would have her flickly, “I would like to ask him/her what he/she would be, and the victim would not respond.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The statement of a victim recorded in the victim's statement video CD;

1. Receiving a report on school violence, and reporting on the occurrence of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen

1. One copy of a internal investigation report (on-siteCCTV verification), internal investigation report (on-siteCCTV verification and transportation card numbers used by the person suspected of being suspected), photographs of CCTV images and CCTV image CDs;

1. Investigation report (specific relation to suspect);

1. Application of Acts and subordinate statutes concerning written opinions by statement analysis experts;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the selection of fines, and the selection of penalties against criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment of conviction under Article 334(1) of the Criminal Procedure Act against the provisional payment order

1. The Defendant’s assertion that he committed an indecent act against a child, such as the victim, at all.

2. Progress of investigation;

A. Around 11:00 on September 19, 2018, the date of the instant case, the victim said that the victim had a son and her mother who had her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The head of the student department had been delivered and interviewed the victim, and the school side received the case as school violence to the police station on the same day.

(b).

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