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(영문) 인천지방법원 부천지원 2016.12.23 2016고합231
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 is a person who has served as Taekwondo instructors in the Taekwondo Class operated by the "C".

On June 2016, the Defendant: (a) on the first basement C in Seocheon-si, Seocheon-gu, Seocheon-si; (b) taken the victim E (one, five years of age), from among the Taekwondo classes for infant sports classes, seated on one’s knee on the knee; and (c) took a minor under the age of 13, who was under the age of 13, was under the influence of the victim’s entry.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement recorded in the video CD;

1. Stenographic records;

1. A statement prepared by the F;

1. Investigation reports (as to the attachment of records, such as the date of counseling, etc.) and accompanying materials, investigation reports (as to the details of written opinions presented by a professional in analysis), and accompanying materials;

1. The application of the victim's situation at the time of birth and the Acts and subordinate statutes governing gymnasiums photographs;

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

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

1. In full view of the following circumstances: (a) the Defendant’s age and occupation, type and motive of the crime, the process and consequence of the crime; (b) whether or not the same type of force exists; (c) the risk of recidivism due to the disclosure and notification order; and (d) the anticipated side effect of the Defendant’s disadvantage due to the disclosure and notification order; and (e) the comparative effect between the effect of the sexual crime subject to registration and the expected profits; and (b) the result of comparison, etc., the Defendant’s personal information disclosure and notification should not be made.

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