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Reasons
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(영문) 광주지방법원 목포지원 2016.09.22 2016고합61
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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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 May 1, 2016, the Defendant found the victim D (name, fluor, age 11) that passed on the alleyway near Mapo-si, Mapo-si, Mapo-si on May 1, 2016, and tried to commit an indecent act against the victim, and Mapo-gu, Mapo-gu, Mano

’ 고 물으면서 말을 붙인 다음 갑자기 손으로 피해자의 엉덩이를 쓰다듬고 2회 톡톡 엉덩이를 쳐 13세 미만의 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (D);

1. Investigation report (the confirmation of the victim's age);

1. Application of statutes on site photographs of the case

1. Relevant 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 crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. In full view of the Defendant’s age, occupation, family environment, social ties, previous convictions (no criminal record) and risk of recidivism, and other various circumstances, including the benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified, in order to disclose or notify the Defendant’s personal information,

[Determination]

Where a criminal facts in the judgment on the registration of new information becomes final and conclusive guilty, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Fines of 15 million won to 25 million won;

2. Determination of sentence:

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