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(영문) 대구지방법원 포항지원 2017.06.08 2016고합119

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 5, 2016, the Defendant is under the influence of alcohol to the victim E (nine years) in the way of “D” in south-gu C at the port of port on November 17:30, 2016, and is under the influence of alcohol to “a sprinked sprinking sprinks” on the way of “D” in south-gu C at the port of port.

The Defendant, in his hand, committed an indecent act by drinking the sexual flag part of the Victim E with his clothes and by force, and committed an indecent act by force by drinking the sexual flag part of the Victim F (7 Do) in front of the said act, who was in front of the said act, under the clothes, and who committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Recording records of each statement made to E or F;

1. Application of Acts and subordinate statutes to photographs, pictures, internal history reports (Attachment to photographs of the place of crime), field photographs, and written opinions on the scene of crime;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. against Crimes, and Article 298 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of all the circumstances, including the Defendant’s age, family environment, social relationship, the degree of risk of re-offending, the profits expected by the instant disclosure disclosure order and the effect of prevention, disadvantages and side effects resulting therefrom, etc., a child exempted from the disclosure order and notification order may have the effect of preventing re-offending by the Defendant even with the registration of personal information and the order to complete a program, in the instant case.

there are special circumstances in which disclosure of the personal information of the defendant shall not be disclosed.

The reason for sentencing

1. Scope of applicable sentences by law: 15 million won to 37.5 million won;

2. The sentencing criteria shall not apply as the person selects a fine for the application of the sentencing criteria.

3. Determination of sentence;