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(영문) 대구지방법원 안동지원 2018.07.19 2017고합32
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

The defendant is a person with physical disability of the second grade, who lacks the ability to discern things or make decisions due to intellectual disability.

On June 20, 2017, the Defendant 18:13, around the front side of the building C B in Ansan-si, Dong-si, in accordance with the victim D (the name, the age of 11) who walked on the road, followed by the two arms, used the body of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the integrated support center for victims of sexual assault;

1. Application of Acts and subordinate statutes to arrest the occurrence of the case, report on internal investigation (Attachment to such video CDs, etc.);

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 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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. Articles 70 and 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 against Sexual Abuse;

1. There are special circumstances in which the disclosure or notification of personal information may not be disclosed in full consideration of the Defendant’s age, family environment, and social relationship with the Defendant, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, and the preventive effects and effects of sexual crimes subject to registration that may be achieved due to such order, etc.

[Determination]

1. The proviso of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from the employment restriction order (the accused shall be at Grade II.

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