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(영문) 대전지방법원 천안지원 2013.07.17 2013고합103
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 15:30 on April 10, 2013, the Defendant: (a) carried a motor vehicle in the vicinity of the D Elementary School located in Asia-si C; (b) discovered the victim E (7 years old) who was returning home to the mast, and found out the mathing baby, and her math, brought the Defendant with the view to resolving the sexual desire by doing the act of self-defense.

Therefore, the Defendant committed an indecent act against the victim under 13 years of age by exposing his/her sexual organ to the victim by exposing him/her while driving away his/her vehicle from her place to 16:36 on the same day, by reporting that the victim was entering the apartment in which the victim was living, and by exposing his/her sexual organ to the victim in the elevator of the above apartment, and continuously exposing him/her to the victim by exposing him/her his/her sexual organ to the victim who gets out of the five floors, and by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Investigation reports (elevator photographs), investigation reports (Attachment of CCTV photographs in a criminal place), entries in investigation reports (to hear the statement of the victim's father), and application of video-related Acts and subordinate statutes;

1. Article 7 (5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 4(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 11556, Dec. 18, 2012); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same).

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