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(영문) 광주지방법원 해남지원 2014.04.03 2013고합42
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around October 6, 2013, the Defendant damaged the victim E’s non-speedless items equivalent to KRW 3,284,000 in the market value of the victim’s possession, such as insane, etc. where the victim’s house was located in the area where the victim’s house was not returned to the house, and where the victim’s house was located in the area where the victim’s house was destroyed.

2. On October 24, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, at the above E’s house as indicated in the preceding paragraph, immediately leaves the residence of the victim F (n.e., 12 years of age) or the room occupied by the victim from this court, and was served with an ad hoc protection order (this court 2013 wife 4) stating that he will not enter the victim’s residence until the order for protection of the victim is finalized, but did not implement an ad hoc protection order by failing to leave the said E’s house until October 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The third police statement to E;

1. A criminal investigation report (a written estimate and a prescription of E), investigation report (the gathering of victims and internal photographs of each Act shall be attached);

1. Application of the Act and subordinate statutes of investigation report (a method of sending an ad hoc protective order), investigation report (a copy of a "temporary protective order" submitted by the victim's mother);

1. Article 366 (1) of the Criminal Act applicable to the relevant criminal facts (the point of causing damage to and damage to property), Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (the point of non-compliance with a provisional protection order and the selection of fines);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the scope of adding up the maximum amount of the crimes above the punishment prescribed for the crime of violating the Act on Special Cases concerning the Punishment,

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Summary of the facts charged

A. The defendant has been living together for seven years before E and the victim F is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as minors under thirteen years of age).

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