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(영문) 창원지방법원 2019.01.17 2018고합251
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

The Defendant was a person who had operated a public book room with the trade name “C” in the apartment located in Seongbuk-gu, Changwon-si, Changwon-si, and the victim D (the name, the name, and the birth on March 2004) was a student who had been in the above public book room from around 2014 to April 2017.

1. The Defendant, at around 18:30 to 21:00 on a personal book located in the ward located in the above public book room during the period from B from B in 2016, was facing the right side of the victim (at that time, 12 years old) who was faced with the EBS lectures.

2. In 2016, the Defendant, on a personal book on which he was located in a ward located in the above public book room, had a victim’s personal dancing, who was locked with the EBS lecture more immediately.

Accordingly, the defendant committed indecent acts by force on two occasions against the victim who is under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of D;

1. Application of the police statement law to D;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age or minor indecent acts)] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that the accused has no record of criminal punishment for a sex offense before he/she was exempted from an order of disclosure and notification, the sentence of the accused, and sexual assault, as well as the punishment of the accused.

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