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(영문) 광주지방법원 장흥지원 2018.10.30 2018고합18
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 13:40 on June 3, 2018, in C next to C in Gangnam-gun, Jinjin-gun, Namjin-gun, Jinjin-gun, the Defendant made a horse to the victim E (the name, fifine, 11) who has come to be damaged, and as a hand, used the victim’s hand, such as the victim’s hand, bucks, bucks, bucks, etc., with the victim’s hand, and the victim was knee in his kne.

Accordingly, the defendant forced a person under 13 years of age to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (as a result of verifying the age of the victim of this case, under the age of 13);

1. Stenographic records;

1. Application of the Acts and subordinate statutes of one head of a video CD on the victim’s video;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's age, occupation, family environment, social ties, the background and result of the crime in this case, the circumstances before and after the crime in this case, the circumstances before and after the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the order of employment restriction, the prevention of sexual crimes that may be achieved by the order, and the effect of protecting the victims of children and juveniles, etc. from sexual crimes, and the period of employment restriction against the defendant shall be determined as stated in the order) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive as to the facts constituting the crime in which the defendant is obligated to register and submit personal information pursuant to Article 42(1) of the same Act, and the defendant is obligated to submit personal information to the competent agency

An order of disclosure and notification.

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