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(영문) 의정부지방법원 고양지원 2018.06.26 2018고합36
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 30 million.

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

Reasons

Punishment of the crime

On September 6, 2017, the Defendant: (a) while drinking alcohol on the table “D convenience store” in the front table of the “D” apartment house in the Gyeonggi-si, Gyeonggi-do, the Defendant told the victim E (the 5 years old), who was mixed around, to find the victim E (the mar, 5 years old), who was mixed, to be forced to commit an indecent act; and (b) caused the victim to have the fright kisck, kis, kis, kis kis kis kis kis kis kis kis kis kis kis kis kis kis kisnas kis kisnas kis kis kis

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Video CDs and stenographic records recorded by the victim;

1. A report on internal investigation and the on-site photographs attached thereto;

1. The statement analysis expert opinion (the defendant and the defense counsel asserted to the effect that it is difficult to believe that the victim's statement was made due to the nature of the victim's statement according to the victim's age.

Although the victim is only five years of age, according to the video recording of the statement, the victim's statement is consistently stated in detail, the victim's statement is not likely to distort the victim's statement at the place of investigation, environment, and investigator's inquiry, and the statement of the victim's statement is highly reliable because the victim's statement is also made.

Application of Statutes

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

1. Articles 70 and 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. There is a risk of recidivism of a sexual crime committed against a defendant, such as a criminal offense committed against him/her, in general, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure

It is difficult to conclude that the defendant has an effect to prevent recidivism only with the registration of personal information.

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