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(영문) 인천지방법원 2017.05.19 2016고합816
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant of "2016 Gohap 816" found the victim D (V), who is boarding and playing in the Incheon Bupyeong-gu apartment on November 13, 2016, and in the front playground of the 402 Dong-gu, Incheon on November 16:10, 2016, and found the victim D (V, 7 years old) with the victim's hand, while the victim was able to discern things or make decisions.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

around 09:20 on October 9, 2016, the Defendant cut off the victim’s “G” convenience store operated by the victim FF in Bupyeong-gu Incheon Bupyeong-gu, Incheon, with one original chip equivalent to KRW 1,500 on the market value of the victim’s possession.

On August 19, 2016, the Defendant was convicted of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the Incheon District Court (a indecent act by force against a minor under the age of 13) on August 27, 2016, and is a person subject to registration of personal information on which the judgment became final and conclusive on August 27, 2016, and a person subject to registration of personal information shall submit personal information, including his/her name, address, contact information, to the head of the police office having jurisdiction over his/her domicile within 30 days

Nevertheless, the defendant did not submit personal information to the head of the police office having jurisdiction over the domicile of the defendant without justifiable grounds within 30 days from August 27, 2016, which became final and conclusive.

Summary of Evidence

"2016 Gohap 816"

1. Each legal statement of the witness H and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A statement made in D contained in a statement recording CD;

1. A mental surveyor (person on February 22, 2017);

1. CCTV video-recording CDs for committing a crime "2017 Gohap 91;

1. Statement by the defendant in court;

1. Written statements (victims) 2017 Gohap 100;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to persons subject to registration of investigation request, judgment and personal information;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes.

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