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(영문) 수원지방법원 평택지원 2019.05.24 2019고합21

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

At around 15:40 on January 4, 2019, the Defendant discovered the victim D (tentative name, 9 years of age) who sited in a hot water bath in the C male escape room located in Ansan-si B, and followed by the victim such as the victim, etc., the Defendant committed the victim’s sexual organ by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the selection of fines, and the selection of penalties against criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The age, family environment, and social relationship of the defendant under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, risk of recidivism by an employment restriction order, the disadvantage of the defendant and the effect of preventing sex crimes that may be achieved by such order;