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(영문) 의정부지방법원 2018.12.20 2018고합250
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of the “C” in the Gangwon Iron-gun, and the victim D (V, 7 years old and 7 years old) and the victim E (V, 7 years old and 7 years old) are children who had the said “C”.

1. 피고인은 2017. 가을 일자 불상 17:20 ~17 :30 경 자신이 운전하는 F 스타 렉스 승합차의 조수석에 피해자 D과 피해자 E을 태우고 위 ‘C’ 로 가 던 중, 오른손으로 피해자 D의 허벅지를 움켜쥔 다음 피해자 D 옆에 있던 피해자 E의 허벅지를 움켜쥐고, 다시 피해자 D의 허벅지를 움켜쥐어 13세 미만인 피해자들을 강제로 추행하였다.

2. The Defendant, at around 17:20 to 17:30, 2017, carried the victim D on the top of the Fone Star Sheet that he/she drives, and took the victim D at the above “C,” and the victim’s left side bucks turn on by her hand, and the victim did not take the victim’s hand on his/her hand and the victim did not take the victim’s hand.

Despite the end, the victim was forced to commit an indecent act by force against the victim under 13 years of age by turning the buckbucks of the victim.

Summary of Evidence

1. Each legal statement of witness G and H;

1. A video CD or stenographic record of each damaged statement;

1. An expert opinion on each child sexual assault case;

1. A family relation certificate or a certified copy of resident registration;

1. Application of Acts and subordinate statutes to legal psychological appraisal;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D [Aggravation of concurrent crimes with punishment prescribed for the crimes committed against Victims B, who has the largest penalty on 2017, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure; and

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