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(영문) 대구지방법원 경주지원 2016.06.17 2015고합75
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

On August 17, 2015, the Defendant discovered the victim E (n, 4 years old) (n, 8 years old) who walked along the route from the front of the D pharmacy located in Sim-si, Sim-si on August 17, 2015, and set the victim's knife by hand to the rear of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to record the recording of statements, investigation reports (in cases of attaching expert opinions), written opinions on sexual assault cases against children under the age of 13, and investigation reports (in cases of telephone listening to the victim's mother G);

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

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

1. The proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant reflects his own crime; the crime of this case is not a sexual crime against many unspecified persons; the Defendant does not have any criminal record prior to the crime of this case; the Defendant’s registration of personal information and completion of sexual violence treatment programs would be deemed to reduce the Defendant’s recidivism in a considerable amount of risk; the Defendant appears to have committed the crime of this case by contingency; and the Defendant appears to have committed the crime of this case by contingency; the Defendant’s age, risk of recidivism, motive, process, seriousness of the crime, consequence and crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order, and registration subject to registration that can be achieved.

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