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(영문) 대전지방법원 2018.07.20 2018고합196
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 6, 2018, the Defendant: (a) around 11:23, 2018, the Defendant: (b) asked the victim E (nine years of age) who has placed a table in the D table c apartment in the Sejong apartment house, whether he is a male or female; and (c) said that the victim does not refuse to do so.

In other words, 'A, women', and do not 'A, even though the victim resisted her body, 'A', 'A', 'A', 'A', 'A', 'A', her her her her her her her her her her her her her her her her her her her her her her her her

In the phrase, the body continued to divide the victim's sexual organ and suppress the victim's resistance, and made a forced indecent act by force after the victim's sexual organ several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. 112 Reporting case handling table;

1. A CCTV CD, CCTV image data, and CCTV image data photograph;

1. Video-recording CDs and stenographic records;

1. Investigation report (the contents of telephone conversations between wooden persons G), recording records, CDs;

1. Application of Acts and subordinate statutes concerning written opinions of experts on sexual assault against children or disabled persons;

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) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restrictions, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (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 thus is at risk of sexual assault or recidivism);

It is difficult to conclude that the registration of personal information on the defendant and taking lectures to treat sexual assault can be expected to some extent to prevent recidivism.

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