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(영문) 대전지방법원 서산지원 2019.06.05 2018고합135
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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

"2018 Gohap135"

1. Around November 14, 2018, the Defendant discovered a victim C (inn, seven years of age, and two) who was lowered from B apartment in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion under thirteen years of age). Around November 14, 2018, the Defendant committed an indecent act by force against the victim by putting the victim's body in two arms.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

"2019, 27"

2. A larceny: (a) around 12:10 on November 5, 2018, the Defendant: (b) took a theft by using a gap in the market value of KRW 350,000, the market value of which is equivalent to KRW 50,000 in the victim E-owned market value; (c) one string day equivalent to KRW 50,000 in the market value; and (d) one string day equivalent to KRW 20,00 in the market value; and (e) one string of tools equivalent to KRW 20,000 in the market value of KRW 350,00 in the market value; and (e) one string of tools equivalent to KRW 20,000 in the victim’s supervision.

Summary of Evidence

Paragraph 1 (2018 Highis135)

1. Statement of the accused in the first protocol of trial;

1. Paragraph (2) (2) of the stenographic records of the victim's statement;

1. E statements;

1. As to paragraph 2 of the holding, the Defendant and the defense counsel claim that the investigation report (CTV image attachment), investigation report (F business statement statement by the victim), the Defendant and the defense counsel would bring about a construction tool with the knowledge that it is a thing abandoned without a person, and would deny the intent of larceny.

However, the intention of larceny is the awareness and intention of theft of another's property possessed by the other person, and it is not necessarily required to be a conclusive intention, but it is sufficient to dolusent intention.

In light of the place where a construction section was placed, the contents of the construction section, and the criminal defendant's actions committed before the construction section had a construction section, etc., the defendant is deemed to have been aware of the fact that the construction section belongs to another person's ownership.

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