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(영문) 전주지방법원 2016.10.13 2016고합121

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

Punishment of the crime

On March 19, 2016, around 22:25, the Defendant discovered the victim E (5 years old) in front of the D 4 calculations located in Jeonju-si, Jeonju-si, and went back to the back of the victim.

피고인은 피해자와 함께 있던 피해자의 부친이 물건 계산을 하고 있는 틈을 타 오른손으로 피해자의 등을 수회에 걸쳐 쓰다듬고, 허리를 굽혀 피고인의 입술을 피해자의 얼굴에 가까이 들이대고 피해자의 오른쪽 귀에 입맞춤을 시도하였으나, 이를 눈치챈 피해자의 부친이 피고인의 얼굴을 밀어내어 제지당하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

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

1. Recording records;

1. The statement of each police officer made to F and G;

1. Application of investigation reports (Attachment of CCTV photographs at the scene of a crime in D), photographs, investigation reports (Attachment of CCTV images in D), CCTV video CD-related Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement 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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the instant crime appears to have been committed contingently; and the Defendant’s act can be seen to have the effect of preventing recidivism even if