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(영문) 서울북부지방법원 2018.12.21 2018고합284

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Criminal facts

In 2009, the defendant's mother and the victim B (here, female, 199 birth) were remarriedd and became a living together with the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) committed an indecent act by force against a minor under the age of 13 who was under the age of 5 minutes, following examination of both descendants on the part of the victim's head of the victimized person, who was forced in the room inside the Dongdaemun-gu Seoul Metropolitan Government apartment C apartment unit D around October 201, 201, stating that "I am much about how much she is," and that "I am much about how much her her son is."

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes), committed an indecent act by force on a child or juvenile victim at the same time and at the same place as paragraph (1) on September 21, 2012.

Summary of Evidence

1. Legal statement of the witness B;

1. Application of the witness E’s partial legal statement statutes;

1. Relevant legal provisions on criminal facts, and Articles 7(5) and 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (the indecent act by force around October 201), Articles 7(5) and 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); and each of the choice of fines, respectively.

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [to the extent that the aggregate amount of the amounts of the above two crimes is added];

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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;