(영문) 창원지방법원 2015.11.12.선고 2015고합182 판결

Defendant shall be punished by a fine of KRW 10,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

The defendant shall order the completion of the sexual assault treatment program for 80 hours in the defendant's world.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal facts

When the defendant operates the "Dmat in Kimhae-si, the defendant received a letter letter from the juvenile in advance when he sells tobacco to ordinary juveniles, and sold tobacco to the juvenile in the back of the Mat.

1. On April 20, 2015, around 09:35, the Defendant committed an indecent act by force against the victim E, who expressed his intent to purchase tobacco by means of text messagess, in advance, in a manner that the victim E (the age of 14) is willing to make an indecent act by force against the victim at the time of the marc of the marc in the above marc, and in a manner that the victim’s marc with one hand 3-4 marc with one hand.

2. On April 29, 2015, the Defendant, at around 21:05, committed an indecent act on the part of the victim by forcing the victim, who purchased tobacco within the Maart, to enter the warehouse via the back door of the Maart, to close the warehouse, to see the victim’s tobacco, and to “if necessary, to see the money in the school,” and to see that the victim’s her her her her her her her her her her her her her her her her her her her her her her his her her her her her her her her her her her her part

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A detailed statement of each currency, investigation report (a written statement attached to a suspect's cell phone evidence analysis result), investigation report (a written statement attached according to digital evidence analysis);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse of Children and Juveniles from April 29, 2015]

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Exemption from an order for disclosure and notification;

In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (not previous) of the Defendant’s disclosure order and notification order of this case, and other various circumstances such as the disadvantages and side effects therefrom, the registration of personal information of the Defendant shall not be disclosed or notified of his/her personal information, if there are special circumstances to prevent disclosure or notification of his/her personal information.

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Judgment on the argument of the defendant and defense counsel

1. The assertion;

① 판시 제1항 기재 범행과 관련하여, 피고인은 피해자에게 잘 가라고 인사하는 과정에서 손등으로 1회 정도 피해자를 툭 친 사실이 있을 뿐 피해자를 추행한 적은 없② 판시 제2항 기재 범행과 관련하여, 피고인은 피해자의 엉덩이를 3회 두드린 사실이 없고 문을 여는 과정에서 피해자의 왼쪽 가슴에 손이 스친 적은 있으나 추행의 고의로 피해자의 가슴을 만진 사실은 없다.

2. Determination

In the police and this court, the victim stated that "I am a tobacco at the defendant's shop on April 20, 2015," and that "I am aground as I am am am on three occasions with one am am am am, I am am am am." On April 29, 2015, I am am a tobacco from the defendant in the warehouse after I am am am am, and I am am am on three occasions after I am am am am, and after I am am am on three occasions in their own am, I am am."

In light of the above facts, the victim's statement was made three times at the time of the investigation by the police, and it was somewhat changing the victim's statement in this court. However, the victim did not accurately associate with the victim, such as the specific part of the victim's main behavior from the police to this court, the method and order of the victim's release from the defendant, the overall situation at the time of the victim's indecent act from the defendant, etc.; ② the defendant himself acknowledges that there was a physical contact with the victim on the date and time stated in each crime in the judgment; ③ it is difficult to view that the victim's statement was made three times by the defendant at the time of the investigation by the police; ③ The victim's statement was made at the time of the investigation by the police, but the victim did not accurately express the victim's accurate date and time of the harm other than each crime in the judgment at the time of the investigation by the police; ② the change in the above statement was merely an incorrect memory or error of the victim; and ② it is difficult to see that the victim's statement is credibility or credibility of each crime in the victim's statement.

Therefore, according to the evidence duly adopted and examined by this court, such as the victim's statement, etc., it can be sufficiently recognized that the defendant committed an indecent act by deceiving the victim's her tum, chest, and chest as stated in each criminal facts in the judgment of the court, and this part of the defendant and the defense counsel

1. Reasons for sentencing; 1. The scope of applicable sentences by law: fine of 10 million won to 45 million won; 2. Selection of a fine, not applying the sentencing criteria;

3. Determination of sentence: Fine of ten million won; and

The defendant committed an indecent act against the victim in the course of selling brut tobacco to the juvenile victim, and as a result, the victim seems to have been frighten and sexual humiliation at the time of emotional well-being. The victim was punished by the defendant.

However, the Defendant is a primary offender who had no record of criminal punishment before the occurrence of the instant case. In the instant crime, the indecent act in the instant crime appears to have occurred by chance, and the degree of sing down or dancing is the degree of sing down or dancing. The circumstances favorable to the Defendant are considered in favor of the Defendant.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, environment, circumstances of crime, and circumstances after crime, shall be determined as per the disposition.